Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Analysis of Legal Sanction of Tadlis in not Registering Marriage (in Jurisprudential View)

Document Type : Original Article

Authors
1 PhD Student, Department of Private Law, Kharazmi University, Tehran, Iran.
2 Assistant Professor, Department of Private Law, Kharazmi University, Tehran, Iran. (Corresponding Author)
3 Assistant Professor, Department of Private Law, Kharazmi University, Tehran, Iran.
10.22034/jccj.2023.406640.1317
Abstract
Tadlis in marriage registration means that the couple does not registered the marriage due to the deception of a spouse. From jurisprudence view, failure to register a marriage does not invalidate the marriage, and if it is not registered the effects of marriage remains. Legislator criminalized not registering the marriage. Legal sanction of not registering the marriage is monetary punishment and imprisonment. The study is descriptive - analytical and library method has been used. Finding indicate that non registration of marriage is not a crime in jurisprudence Marriage registration has not been customary in Islam and jurisprudence, but according to the Narrations, the behaviors that have been based on public announcements are substitution for marriage registeration. If the marriage is legal and concluded based on Shari'a but not registered, it is the crime incriminal law and the legislator has criminalized it.
Keywords

Volume 2, Issue 5
Winter 2023
Pages 493-505

  • Receive Date 10 September 2022
  • Revise Date 16 October 2022
  • Accept Date 31 December 2022
  • Publish Date 20 February 2023