Jurisprudential and Legal Study on Marriage and Divorce in the Family Protection Law Approved in 2012 with an Emphasis on its Criminal Aspects

Mohammad Ali Ebrahim, Nayereh; Aghaei Bajestani, Maryam; Imam, Seyyed Mohammad Reza

doi:10.22034/jccj.2023.376060.1148

Jurisprudential and Legal Study on Marriage and Divorce in the Family Protection Law Approved in 2012 with an Emphasis on its Criminal Aspects

Document Type : Original Article

Authors

Nayereh Mohammad Ali Ebrahim ¹

Maryam Aghaei Bajestani ²

Seyyed Mohammad Reza Imam ³

¹ Ph.D Student, Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran.

² Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran. (Corresponding Author)

³ Associate Professor, Department of Jurisprudence and Law, Faculty of Theology, University of Tehran, Tehran, Iran.

10.22034/jccj.2023.376060.1148

Abstract

This paper addresses the jurisprudential and legal study on marriage and divorce laws in the family protection law approved in 2012, with an emphasis on criminal aspects. According to jurisprudential and legal texts, divorce is considered to be a husband right and this has not changed in the family protection law but the formal conditions of divorce have changed. Based on Article 2 of the law, the family court is formed with the presence of a female consultant judge. In Article 16 the issue of family counseling alongside the family courts is mentioned and the use of psychiatrists, psychologists, and social workers alongside the judicial staff is considered necessary. Regarding the criminal aspects of marriage and divorce, the results show that according to the family protection law, failure to register a marriage is punishable by a fifth-degree fine or seventh-degree imprisonment, and failure to pay alimony and Mahr is also punishable by imprisonment.

Keywords

Divorce

Family Protection Law

Criminal Sanction