The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Somewhere too far: plumbum of places and impounding of cars in the circle of violation/crime of not wearing hijab in Iran

Document Type : Original Article

Authors
1 Allame Tabataba'i
2 Master of Public Law, Allameh Tabatabai University, Tehran, Iran.
10.22034/mral.2024.2030375.1611
Abstract
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.
Keywords
Subjects

Volume 7, Issue 24
seventh year, 24th issue, ّFall 2025
Autumn 2025
Pages 389-412

  • Receive Date 27 May 2024
  • Revise Date 23 September 2024
  • Accept Date 14 October 2024