The reasons of criminalization of not registering marriage in the scale of religious jurisprudential and it, s principles

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REZAEI RAD ABDOLHOSSEIN

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Journal Paper

Paper Information

Journal: JUSTARHA YE FIQHI VA USULI Year:2020 | Volume:6 | Issue:3 (20) Page(s): 195-224

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Information Journal Paper

Title

The reasons of criminalization of not registering marriage in the scale of religious jurisprudential and it, s principles

Author(s)

REZAEI RAD ABDOLHOSSEIN | Issue Writer Certificate

Keywords

criminalization

registering marriage

jurisprudence

family law

Abstract

Clause 49 of the protecting family law has recognized not registering the marriage, divorce, and revocation of divorce a crime and has determined imprisonment for up to one year. This study, with the aim of bringing the Islamic republic of Iran’ s law into concordance with religious and rational standards using a comparative and analytic method, tries to do a jurisprudential and legal research on the first section of this legal clause which has been or may be used for proving its legitimacy. Finally, the conclusion is drawn that there is a lot of significance and necessity in registering the marriage and there is a lot of harm and damage such as spoiling the family members’ rights and paving the way for various family crimes and social harms in the lack of it. These merits and demerits though, cannot be justifications for criminalization or not registering. Even so, the religious permit to administer and enforce punishment for such actions is not only difficult, but also impossible, and the principle of the presumption of innocence, the principle of the autonomy of the individual (that no one is presumed to have the position of a guardian over another), and the generality of the principle of the prohibition of harassment and nuisance, and the legal right of respect to rights and individual freedom obstruct it.

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