2012
DOI: 10.1111/j.1555-2934.2012.01205.x
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When Blood Has Spilled: Gender, Honor, and Compensation in Iranian Criminal Sanctioning

Abstract: This article explores the gender implications of retributive punishment in Iran's criminal justice system with specific attention to the Islamic mandate of forgiveness. Iranian penal codes allow victims' families to forgive an offender through forbearance of their right of retribution. To mitigate or even cancel the retributive component of punishment in numerous crimes, including murder, defendants usually offer compensation. Through a study of the gendered logics of criminal sanctioning, forbearance, and com… Show more

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Cited by 9 publications
(4 citation statements)
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“…For example, as Osanloo (2008) shows, the premodern, non-state versions of human rights such as the Islamic mandate of forgiveness are not necessarily incompatible with the ‘bureaucratic’ version written in the UN Declaration. By contrast, a gender perspective of whether this mandate can be implemented or not, with women taking a controlling role (Osanloo, 2012), runs against the universality of the UN principles. With this ‘informal’ practice of rights against abuse, the legal and cultural aspects of human rights both clash (as this practice stresses the individuality of rights) and complement each other (as it benefits those claiming these rights), as well as incorporating macro-political changes.…”
Section: Civil Society and Human Rightsmentioning
confidence: 99%
“…For example, as Osanloo (2008) shows, the premodern, non-state versions of human rights such as the Islamic mandate of forgiveness are not necessarily incompatible with the ‘bureaucratic’ version written in the UN Declaration. By contrast, a gender perspective of whether this mandate can be implemented or not, with women taking a controlling role (Osanloo, 2012), runs against the universality of the UN principles. With this ‘informal’ practice of rights against abuse, the legal and cultural aspects of human rights both clash (as this practice stresses the individuality of rights) and complement each other (as it benefits those claiming these rights), as well as incorporating macro-political changes.…”
Section: Civil Society and Human Rightsmentioning
confidence: 99%
“…Scholars have also shown how attempts by the state to apply shari‘a can generate new legal subjectivities and forms of legal consciousness among women that run counter to dominant state ideologies. This is true even in contexts where state‐led projects of legal “Islamization” have been most thorough or expansive, such as Iran (Osanloo and ) or Saudi Arabia (Al‐Rasheed ). Collectively, these studies reveal the striking contrast between the patriarchal laws promulgated by the state and new sorts of meanings or strategies that shari‘a is capable of becoming in women's hands.…”
Section: Islamic Law and The Jurisprudence Of Hybriditymentioning
confidence: 99%
“…For an insightful study on the role of diya in providing clemency in Iranian legal sanctioning that blur divisions between civil and criminal law seeOsanloo (2012). H I J A C K E D 485…”
mentioning
confidence: 99%