One of the most important principles of Criminalization is Basis or Principle of Loss (Damage) that in many legal systems is accepted as rational basis for limiting individual freedom and possibility for public power interference. In this paper we try to pay attention to analyzing the Loss in Rape in the most important Criminalization theories such as the Loss, legal paternalism, and Legal Moralism. The Loss has physical, mental and social injuries that the victim is undergoing. Victim of Rape, her or his family, society and sexual violator are the target of this Loss in Islamic Interpretation. In this article, we try to set precedence for analyzing other crimes by considering the basis of criminalization while making clear one fundamental basis of criminalization and considering an instance on it.
Hajidehabadi, A., Hajidehabadi, M. A., & Yoosefi, M. (2013). Considering the Loss Criminalization of Rape with Approach to Emamiyeh Jurisprudence. Criminal Law Research, 4(2), 35-65.
MLA
Ahmad Hajidehabadi; Mohammad Ali Hajidehabadi; Mohammad Yoosefi. "Considering the Loss Criminalization of Rape with Approach to Emamiyeh Jurisprudence". Criminal Law Research, 4, 2, 2013, 35-65.
HARVARD
Hajidehabadi, A., Hajidehabadi, M. A., Yoosefi, M. (2013). 'Considering the Loss Criminalization of Rape with Approach to Emamiyeh Jurisprudence', Criminal Law Research, 4(2), pp. 35-65.
VANCOUVER
Hajidehabadi, A., Hajidehabadi, M. A., Yoosefi, M. Considering the Loss Criminalization of Rape with Approach to Emamiyeh Jurisprudence. Criminal Law Research, 2013; 4(2): 35-65.
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