نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی گروه حقوق جزا و جرم شناسی، واحد کرج، دانشگاه آزاد اسلامی، کرج، ایران
2 استادیار گروه حقوق دانشگاه پیام نور .تهران-ایران
3 گروه حقوق، دانشکده حقوق و علوم سیاسی، دانشگاه آزاد اسلامی واحد کرج، کرج، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
One of the controversial issues in today's society, regarding criminal laws, is the issue of dowry. Diyeh is a financial ransom that is required according to the element of crimes against the self and others. The nature of diya is different among jurists and legal scholars. A group of scholars and jurists consider its nature to be a mere punishment, and another group considers it to be a compensation for damages. In Turkish law, the law and penalty of dowry has been removed for many years. But in Iran and Iraq law, the nature of dowry is considered as punishment. The purpose of writing this research is to analyze the juridical and legal nature of dowry in the three countries of Iran, Iraq and Turkey, whether the nature of dowry is punishment or compensation. The research method is that the data used for this writing was collected through the library method and analyzed in a descriptive and analytical way. The current research is responsible for answering the question that the nature of money in the three mentioned countries is punishment or compensation? Also, considering the fact that dowry is punishable in the law, can this point of view be responsible for the damage caused by the excess of dowry, in line with the realization of justice? The result is that the mere punishment of paying the money is not the answer to the challenges and legal problems ahead. What if the legal gap leads to the increasing number of legal cases in the courts. Therefore, it is good for the Iranian legislator to predict the damages in the form of independent damages, taking into account the opinions of jurists and legal scholars, in order to increase the scope of justice in the society.
کلیدواژه‌ها [English]
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