نوع مقاله : مقاله پژوهشی
1 دانشآموخته درس خارج فقه و اصول حوزه علمیه قم و دکتری فلسفه اسلامی، دانشگاه باقرالعلوم ، قم، ایران
2 دانشجوی دکتری مطالعات زنان، گرایش حقوق زن در اسلام، دانشگاه ادیان و مذاهب، قم، ایران
3 استادیار دانشکده زن و خانواده، دانشگاه ادیان و مذاهب، قم، ایران
عنوان مقاله [English]
The family, as the cornerstone of society, has a high status in the religious tradition and is the most important social institution and the fundamental factor in the progress and prosperity of the citizens of society. The Quran and Sunna, the main sources of Islamic jurisprudence and law, place special emphasis on respecting the rights of parents as the main pillars of the family. Domestic violence of children against parents shakes the foundation of the family. The question of this study is: What is the legal responsibility of children for domestic violence against parents and to what extent has the Iranian legal system been able to defend them against those who do not respect the privacy of parents? The purpose of this study is to investigate the policies of criminal accountability for crimes committed against parents, especially the elderly and the disabled, as well as their differential judicial protections. Despite the strong foundations in the criminalization of domestic violence against parents, it seems that the legislature has not made full use of this legal capacity. Therefore, it is necessary to consider a special place in criminal law to protect parents. An analysis of Iranian law reveals the weakness and ambiguity of rules relating to violence against parents. However, avoiding criminal inflation requires a more realistic view in attributing criminal liability. The present study, using library method in collecting information by descriptive-analytical approach, and exploring various aspects of the issue, analyzes the jurisprudential and legal fundamentals of the extent of legal protection of parents against domestic violence.