نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The family, as a social institution and the central core of society, has a high position from the Islamic point of view. The reliability and dynamism of this holy institution depends on the health and protection of this institution against the factors that cause its disintegration. Governments often take various measures to comprehensively support family unity. Protective measures such as preventive, civil and criminal protective measures are important measures in this field. This article analyzes and examines the basics of criminalization in the field of family law and the level of government involvement in this field with a descriptive-analytical method. Preservation of public interests, preservation of order, and the rule of reason are the foundations of the government's involvement in criminalization in the field of family law. Another theory, which is Mukhtar's theory in this treatise, is the "optimal intervention" theory, which is based on the theoretical foundations of Islam and the predominance of the moral face in issues related to this institution, and as a result of the incompatibility of this institution with criminal law issues and authoritarian rules. Proof will come.
Keywords: family, punishment, sentencing, protection law, minimal intervention.
کلیدواژهها English