عنوان مقاله [English]
The penalty for defloration may differ based on the gender of the crime subject, consent of the girl, and the behavior of the perpetrator (intercourse or non-intercourse). In cases defloration through adultery, in addition to the extent, execution of ta'zir is not permitted, and in this case if the defloration is performed with grudge, the liability for Mehr-ol-masal is not considered equivalent to redress for defloration; this is contrary to the case of grudge defloration through non-intercourse where the Mehr-ol-masal is the same as the redress for defloration and is incorporated in the rules governing the redress. Defloration in cases of non-intercourse, according to the reputed Imamiya jurists, is an example of authorized legal ta'zir; in addition, a unique feature of this kind of defloration compared to other sexual offences, is the victim’s right to retribution. This right is exercised in the event that the virgin female, without the consent of the maiden, attempts to deflower her. While, defloration in cases of non-intercourse is not subject to «Hadd» of Article 220 of the Islamic Penal Code or «authorized legal ta'zir» subject to the clause 2 of Article 115 of the same law. Furthermore, defloration in cases of non-intercourse, based on the committed behavioral quality can be subject to certain provisions of the Islamic Penal Code in the ta'zir section.