Criminal Prosecution of the Crime of Preventing Children and Adolescents from Education in the Legal System of the Islamic Republic of Iran

Document Type : Original Article

Author

Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Imam Sadiq University (AS), Tehran, Iran

Abstract

Today, children's education is a social necessity and the right to education is considered one of their fundamental rights. Depriving children of this right leads to a problem for them. Therefore, Iran's legal system has made education mandatory up to the secondary level. Sometimes, some people prevent their children from studying in school, despite the provision of the required conditions. Our legal system has thought of special measures to deal with this act. Using the descriptive-analytical method and collecting data from library sources, the present research aims to answer the question: What is the reaction of our penal system to the prevention of children and adolescents from education? The results of the research indicate that since 1322 until now, the prevention of children and teenagers from education has always been subject to criminal prosecution. However, it depends on certain conditions that are explained and clarified in the present article.

Keywords

Main Subjects


The Holy Quran
Aameli (Shahid Thani), Zayn al-Din ibn Ali. 1988. Monyah al-Morid, Qom: Islamic Media Office, First Edition. [in Arabic]
Aameli (Shahid Thani), Zayn al-Din ibn Ali. 2002. Masalek al-Afham (Paths of Understanding), Qom: Islamic Teachings Institute. [in Arabic]
Abd al-Hamid, Mohammad Mohyi al-Din. 1957. Al-Ahwal al-Shakhsiyyah fi al-Shariah al-Islamiyyah (Personal Status in Islamic Law), Beirut: Great Commercial Press, Second Edition. [in Arabic]
Abu Hanifah, Noman ibn Mohammad. 2006. Daaem al-Islam (Pillars of Islam), Qom: Al al-Bayt (AS) Institute, Second Edition, vol. 1. [in Arabic]
Asadi, Leyla Sadat. 2013. Hoghugh Keyfari Khanewadeh (Family Criminal Law), Tehran: Balance, First Edition. [in Farsi]
Farshtiyan, Hasan. 1992. Nafagheh Zojeh: Pajuhesh Tatbighi Hoghugh Madani Iran wa Sayer Nezam-hay Hoghughi (Alimony of Wife: Comparative Research of Iranian Civil Law and Other Legal Systems), Qom: Book Garden, First Edition. [in Farsi]
Fazel Lankarani, Mohammad. 2000. Tafsil al-Shariah fi Sharh Tahrir al-Wasilah: Nekah (Details of Sharia in the Explanation of the Book Tahrir al-Wasilah: Marriage), Qom: Jurisprudential Center of the Infallible Imams (AS). [in Arabic]
Horr Aameli, Mohammad ibn al-Hasan. 1991. Wasael al-Shiah ila Tahsil Masael al-Shariah (The Means of the Shiites to Achieve the Issues of Sharia), Qom: Al al-Bayt (AS) Institute for the Revival of Heritage, vol. 27. [in Arabic]
Katuziyan, Naser. 2010. Doreh Hoghugh Madani: Khanewadeh (The Course of Civil Law: Family), Tehran: Enteshar Joint-Stock Company, vol. 2. [in Farsi]
Kolayni, Mohammad ibn Yaghub. 1949. Osul al-Kafi, Beirut: Al-Taarof House for Publications. [in Arabic]
Majlesi, Mohammad Bagher. n.d. Behar al-Anwar (Oceans of Lights), Beirut: Arab Heritage Revival House, vol. 67. [in Arabic]
Moin, Mohammad. 2007. Farhang Farsi (Farsi Dictionary), Tehran: Adena, Fourth Edition, vol. 2. [in Farsi]
Musawi Mesbah al-Shariah, Ahmad Reza; Ghane, Ahmad Ali. 2021. "Barresi Feghhi Hoghughi Estehghagh Farzand Khandeh bar Daryaft Nafagheh az Sarparast Ghanuni (Jurisprudential-legal Examination of the Adopted Child's Entitlement to Receive Alimony from the Legal Guardian)", in: Jurisprudential-legal Studies of Women and Family, yr. 4, no. 7, pp. 105-124. [in Farsi]
Najafi, Mohammad Hasan. 2008. Jawaher al-Kalam fi Sharh Sharae al-Islam (Jewelry Words in the Explanation of Islamic Law), Beirut: Arab Heritage Revival House, First Edition, vol. 31. [in Arabic]
Safayi, Seyyed Hoseyn; Imami, Asadollah. 2009. Mokhtasar Hoghugh Khanewadeh (Concise Family Law), Tehran: Balance, 14th Edition. [in Farsi]
Shartuni Lobnani, Said. n.d.. Aghrab al-Mawared fi Fosh al-Arabiyah wa al-Shawared, n.p: Islamic Books House, vol. 2. [in Arabic]
Zeynali, Fereshteh. 2016. "Masadigh wa Sharayet Nafagheh Olad (Examples and Conditions of Child Support)", in: Islamic Humanities, yr. 1, no. 10, pp. 195-295. [in Farsi]