A New Theory in the Method of Punishment for Women’s Exile

Subject Areas : Private law

mehdi movahedi ¹ (دانشگاه سمنان)
hadiseh borhani ² (دانشگاه سمنان)

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: war, Ruler, Adultery, Exile, Qavadi, Time and place requirements, Changing the issue,

Abstract :

The exile punishment is considered as one of the rulings of Islam’s penal system that is issued in terms of the guilty person’s gender and based on the interests and vices. According to the popular opinion, women are excluded in the cases of adultery and Qiadah, yet gender is not considered in the war-related exile. The present paper introduces a method of absolute issuance for women’s exile with a new look into the existing views and studying every related claim and a special regard for changing the subject considering the time requirements (e.g. new communication media becoming widespread, the increasing popularity of communications through cyberspace, road developments and facilities, and transportation, etc.) when choosing a method for administering the punishment (e.g. being deprived of mass media, audio-visual media, and participating in virtual social networks, etc.) i.e. assigning its administration method to the ruler. Although this analysis applies to men too, raising it on women’s exile is due to the fact that the justification of the act of opposing women’s exile is because of the possible vices that might arise from her being away from her town and country which will be inconsistent with her chastity and veil. Therefore, this justification pales into insignificance with the prescription of nonphysical exile instead of other methods and its generalization gains strength accordingly.