Premenstrual Syndrome and Criminal Liability in Iranian Law: A Legal Lacuna

Objectives: This study examines whether Iranian law and jurisprudence support the hypothesis that certain women are more predisposed to criminal behavior during their menstrual cycle, which then warrants a reduction in their punishment. Methodology: Using a descriptive-analytical approach, this research explores perspectives from medical professionals, lawyers, and jurists regarding premenstrual syndrome (PMS) as a mental disorder with potential implications for mitigating criminal liability. Findings: A key finding of this study is that PMS has been categorized as a type of mental disorder. By analyzing legal provisions related to mental disorder in Iranian law and interpretations of the term ‘harm’ (adhā) in Qur’an 2:222 (Al-Baqarah/The Cow) concerning menstruation, this study assesses whether PMS can serve as a mitigating factor in criminal sentencing under Iranian law. Originality: While many jurists argue for a correlation between PMS and criminal behavior, which suggests that it should be considered in sentencing reductions, Iranian law discourse has largely overlooked this issue. Notably, PMS serves as a mitigating factor in various legal systems worldwide, yet its legal implications remain unexplored in Iranian law.