Jurisprudential - legal studies of woman and family

Jurisprudential - legal studies of woman and family

The government's involvement in sentencing in the field of family law and its foundations

Document Type : Original Article

Authors
1 Doctoral student in jurisprudence and judicial law majoring in criminal law of Al-Mustafa Al-Alamiya society
2 عضو هیئت علمی جامعه المصطفی
Abstract
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.
Keywords
Subjects


Articles in Press, Accepted Manuscript
Available Online from 02 July 2025

  • Receive Date 02 January 2024
  • Revise Date 06 March 2024
  • Accept Date 02 July 2025