Iran's legislative criminal policy regarding crimes against the family; From necessities to challenges

Document Type : Original Article

Authors

1 Associate Professor, University of Tehran, Farabi Campus, Qom, Iran

2 Associate Professor, University of Tehran - Farabi PhD in Criminal Law and Criminology

Abstract

Always, when the family is discussed, what is meant at the beginning is evoked. Therefore, the entry of any field into this beginning will be with obsession and caution. In the field of law and rights, especially criminal law, this category is not only thought of with a deeper precision, which should be twice as cautious. Conceptualization of legislative criminal policy is implicitly based on its understanding. But what should be its characteristics in the feedback with the family is a wide-ranging and challenging issue. whether behaviorism in the field of family should go towards criminalization or not; In case of criminalization of this area, what indicators should be defined for it in order to get the best result from it, all of them can be considered as the necessities of criminal legislation in this area. This is despite the fact that entering too much into the privacy of the family can create a conflict of interests with family interests (not from the perspective of Sharia, which in the opinion of Sharia considers it necessary to attack and dominate in some cases). A challenge that causes another challenge in the form of not repairing the failure of the image of the family and family members in front of each other. This research, with an analytical-descriptive method, tries to pay attention to the necessity of the attitude of legislation (both customary and jurisprudential) in the field of family by facing the impulse notes of the created challenges.

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 2817-2832

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