Jurisprudential review and guarantee of criminal execution of dowry, alimony and custody Looking at the Quranic teachings

Subject Areas : Quarterly Sabzevaran Fadak

nayere Muhammad Ali Ibrahim ¹ , maryam aqaei bajestani ² , seyed mohamadreza emam ³

1 - PhD student in Theology and Islamic Studies, 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(Author)
3 - Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.

Received: 2021-06-28 Accepted : 2021-08-21 Published : 2023-05-22

Keywords: Family Protection Law approved in 2012, Dowry, guarantee of criminal execution, Custody, Alimony,

Abstract :

Enforcement of criminal law in family law is one of the most important and controversial issues that has always been the subject of discussion. In this article, an attempt has been made to study the jurisprudence and guarantee the criminal execution of dowry, alimony and custody. The present article is an analytical descriptive study of the subject using the library method. The results of the article indicate that dowry, alimony and custody from the jurisprudential point of view contain instructions to protect the rights of couples and children. Criminal law also provides for a criminal guarantee for non-payment of alimony and dowry, as well as non-acceptance of custody. The Family Protection Law adopted in 2012 has intensified its punishment in cases such as the criminal execution of leaving alms. The penal provisions of the law in some cases, such as non-registration of marriage in terms of rules and principles of legislation such as necessity, comprehensiveness, face serious gaps and ambiguities. Regarding the dowry, of course, admirable efforts have been made to adjust and balance the dowry.