{"title":"Impact of Provocation Doctrine in the Crimes of Honor between Retention and Annulment: A Comparative Study of Arab Criminal Legislation","authors":"A. Al-Hassan","doi":"10.1080/08974454.2021.1976358","DOIUrl":null,"url":null,"abstract":"Abstract In this research, as a comparative study, we dealt with the excuse of provocation related to the issue of femicide against the background of so-called honor crimes, and the extent to which the perpetrator benefited from the valid or mitigating excuse. After identifying the meaning of “honor crimes,” we monitored the conditions for applying this excuse, the scope of its personal and objective application, and the punishment in Arab positive laws. We have also treated the recent legislative trends represented in the abolition of this excuse in some Arab laws and stated that it is an important step toward fairness for women, but it is not sufficient and requires other steps, so there is no limit to the adoption of a clear legislative plan with goals aimed at reaching radical remedies and decisive solutions that do not accept cutting or acting with ill-considered reactions, and in line with the provisions of Islamic law and relevant international agreements.","PeriodicalId":51745,"journal":{"name":"Women & Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.1000,"publicationDate":"2021-09-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Women & Criminal Justice","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/08974454.2021.1976358","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract In this research, as a comparative study, we dealt with the excuse of provocation related to the issue of femicide against the background of so-called honor crimes, and the extent to which the perpetrator benefited from the valid or mitigating excuse. After identifying the meaning of “honor crimes,” we monitored the conditions for applying this excuse, the scope of its personal and objective application, and the punishment in Arab positive laws. We have also treated the recent legislative trends represented in the abolition of this excuse in some Arab laws and stated that it is an important step toward fairness for women, but it is not sufficient and requires other steps, so there is no limit to the adoption of a clear legislative plan with goals aimed at reaching radical remedies and decisive solutions that do not accept cutting or acting with ill-considered reactions, and in line with the provisions of Islamic law and relevant international agreements.
期刊介绍:
Women & Criminal Justice is the only periodical devoted specifically to scholarly interdisciplinary and international research on all concerns related to women and criminal justice. It provides scholars with a single forum devoted to this critical specialty area in the fields of criminal justice, human rights, law, politics, sociology, social work, and women"s studies. Both qualitative and quantitative studies are welcomed, as are studies that test theories about women as victims, professionals and offenders.