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September 8, 2026LawsOpen Access

Access to Compensation for Sexual Violence: A Comparative Analysis of Iran’s Islamic Penal Code and International Law

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Authors

FHFatemeh Hamedanian

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Overview

Comparative legal analysis reveals divergent conceptualizations of harm and redress for sexual violence between Iranian and international law, highlighting gaps in legal recognition.

Key Points

  • To examine and compare how the Iranian Islamic Penal Code and international legal frameworks define, value, and provide compensation for the multidimensional harms of sexual violence.
  • Conducted a doctrinal and comparative legal analysis contrasting Iranian penal categories (diyya, qisas, arsh, and taʿzir) with international human rights, humanitarian, and criminal law.
  • Evaluated both systems across five analytical dimensions: recognized injury, claim holder, valuation methods, systemic exclusions, and the divergence between promised and delivered remedies.
  • Identified that Iranian law bases bodily harm valuation on gender-differentiated financial formulas that jurists contest and the state partially mitigates via supplementary funding.
  • Demonstrated that international law encompasses internally plural reparation frameworks that face widespread delivery gaps, showing that access barriers arise fundamentally when legal systems initially define and quantify injury.

Cite This Study

Fatemeh Hamedanian (2026) studied this question.

synapsesocial.com/papers/6aa0091858e84d0ff5b47ba5https://doi.org/10.3390/laws15050110
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