A Legal Analysis of Note 2, Article 224 of the Islamic Penal Code in View of Psychological Findings

Articles in Press

Document Type : Research Paper

Authors

1 Assistant Professor, Department of Jurisprudence and Islamic Law, Faculty of Theology, Meybod University , Meybod, Iran

2 Associate Professor, Department of Law, Faculty of Theology,Meybod University, Meybod, Iran

Abstract

The Islamic Penal Code of 1392 has broadened the scope of the crime of rape. Note 2 of Article 224 equates sexual intercourse with a woman who is unconscious, asleep, or intoxicated, intercourse with an underage girl through deception, and intercourse following abduction or threat with rape. This study, informed by psychological findings and comparative legal frameworks, analyzes the comprehensiveness of this Note in addressing situations equivalent to rape. Library-based research reveals that the listed situations do not encompass all forms of non-consensual sexual intercourse. Consequently, a revision of the Note is necessary to include all instances where consent is absent. Such an amendment would enhance protections for victims of sexual crimes while aligning with Islamic legal principles.

Keywords

Main Subjects

Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 16 July 2025

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