The Legal Mandate of Islamic Hijab in the Framework of Good Legislation | ||
| پژوهش حقوق عمومی | ||
| Articles in Press, Accepted Manuscript, Available Online from 11 November 2025 | ||
| Document Type: Research Paper | ||
| DOI: 10.22054/qjpl.2025.85091.3092 | ||
| Authors | ||
| Erfan Mostamand* 1; Ali Akbar Gorji Azandariani2 | ||
| 1Master, Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran. | ||
| 2Associate Professor, Public Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran | ||
| Abstract | ||
| So far several bills with the content of mandating "Islamic Hijab" have been passed in Iran. "This study examines whether the legal mandate of the 'Islamic Hijab' is consistent with the fundamental principles of good legislation." In the form of a descriptive-analytical study, the legal mandate of the "Islamic Hijab" can be considered contrary to good legislation in three respects: the language of the law, legal principles such as the rule of law, and content principles such as effectiveness. The innovation of this study lies in raising the issue of the requirement of the "Islamic Hijab" from the perspective of good legislation and cautious reflection on the disputed norm of the hijab. There is ambiguity and generality in the language of these laws, which provides room for institutions such as the Supreme Council of the Cultural Revolution, the police force, and judges to violate the rule of law. Ultimately, the effectiveness of the legal mandate of the "Islamic Hijab" is seriously questioned. The legislator is expected to scrutinize the law and legislation more than ever in order to prevent the passage of poor-quality, poorly enforced laws and the waste of public funds. | ||
| Keywords | ||
| legisprudence; Hijab; veil rules; good legislation; quality of legislation | ||
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