Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Investigating the Penal Measures of Islam and Iran's Law in Preventing Violence in the Family

Document Type : Original Article

Authors
1 university Azad eslami
2 Department of Jurisprudence and Fundamentals of Law, Central Tehran Unit, Islamic Azad University of Tehran, Iran
10.22034/jccj.2023.418171.1392
Abstract
Domestic violence has very unpleasant effects on the personality and life of family members. The most important result of family violence is the phenomenon of conflict and the disintegration of the family institution. The consequences and effects of violence are not only limited to the framework of the family and its members; Because the importance and role of the family in society is such that its strengths and the whole society. The purpose of this article is to examine the penal measures of Islam and Iran's subject law in preventing violence in the family institution. This article is descriptive and analytical, and has investigated the mentioned question by using the library method. The findings indicate that the family, due to its unique characteristics, is one of the social institutions that legal in a desirable way The institution of the family provide and be able to solve all family problems. Of course, it is not meant to negate rights or legal strategies in consolidating family relationships; Rather, it is meant to emphasize the point that it is necessary to realistically define and correct the level of our expectation of rights in the field of family relations and not to expect more than the capacity of rights, and to solve some inadequacies in this field with ethical strategies. season Also, the legal strategies that are introduced to strengthen the family should not negate the moral aspects of the family institution.
Keywords

Volume 3, Issue 4
Autumn 2023
Pages 141-154

  • Receive Date 26 September 2023
  • Revise Date 22 November 2023
  • Accept Date 29 November 2023
  • Publish Date 22 December 2023