نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Article 52 of the Family Protection Act criminalizes the “baseless denial of marital status” to safeguard conjugal rights; however, enforcing this provision regarding unregistered temporary marriage confronts serious legislative and evidentiary challenges. Employing a descriptive-analytical methodology and examining the interplay between Articles 21 and 52, this study demonstrates that the non-mandatory registration of temporary marriage creates a lacuna between the materialization of marriage and its mode of proof. Crucially, the qualifier “baseless” renders this offense proof-dependent, imposing a dual burden upon the complainant to prove both the marital tie and the denial’s groundlessness. Findings indicate a normative conflict that intersects with the principle of strict interpretation of penal statutes and the maxim Al-Bayyinah 'Ala al-Mudda’i, inadvertently facilitating evasion of criminal liability. To resolve this predicament, this study proposes rigorously redefining “baseless denial” while adopting artificial intelligence as a subsidiary tool. Under this framework, AI merely analyzes digital footprints and organizes circumstantial patterns to enhance evidentiary coherence, thereby assisting the judge in evaluating indicators and determining the reasonableness of the denial, without supplanting statutory evidence or compromising judicial independence.
کلیدواژهها English