, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract: (7350 Views)
This article, among all kinds of human trafficking, deals with the trafficking of women for prostitution. First it examiness the grounds on which trafficking of women for prostitution is prohibited. Then, the position of "The trafficking of women for prostitution", as a crime in the framework of Islamic Criminal Jurisprudence, is discussed and concluded that it is among Taazirat (Discretionary Punishments), not Hodood (Prescribed Punishments). So, Islamic Criminal Justice can respond proportionately to the different degrees of this crime by providing useful punishments. The article Then examines the compatibility of Islamic thinking with prevention and protective approach to the victims of this crime.
In the second part, it comparatively reviews the universal current approach on the issue which has been reflected in the "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children" which emphasizes the prevention, criminalization and providing appropriate punishments and protection of victims and the attitude of Iranian legislator to the issue, especially its latest measure in enacting "The Act Against Human Trafficking in 2005". The article concludes that the attitudes of the above Convention are generally compatible with Islamic approach and suggests some solutions for clarity and usefulness of the Iranian regulations.
Received: 2005/05/31 | Accepted: 2006/01/21 | Published: 2006/09/23