نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
After the victory of the revolution, hijab became a legal requirement for women, and its absence was categorized as an violation and a crime. Recently, this issue has garnered more attention and has prompted reactions from legal authorities, such as the impounding of cars and the plumbum of places, which are the main instances of these reactions. Currently, cars are impounded due to the driver or passengers not wearing hijab, and this is accompanied by financial penalties for parking, as well as the necessity to address past driving violations. Public places, including shopping centers and cafes, are also plumbumed due to the lack of hijab worn by staff and customers, resulting in financial losses due to the plumbum of places. From an administrative law perspective, this is a point of contention. Research findings indicate that lack of hijab is criminalized under Note to Article 638 of the Islamic Penal Code of 1996, and there is no other basis for criminalizing lack of hijab. In administrative law, these two punishments, being administrative sanctions, also require explicit legislative authorization, which is absent in the laws. Moreover, car impounding for this reason is not mentioned in traffic regulations, as the car is not the means of committing the crime of not wearing hijab. Regarding plumbum of places, the Trade union act does not grant such authority.
کلیدواژهها English