نوع مقاله : پژوهشی (داوری عادی)
نویسندگان
1 دانشجوی فقه و مبانی حقوق دانشکده الهیات دانشگاه فردوسی مشهد
2 دانشیار دانشگاه فردوسی مشهد
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Polygamy and its peripheral issues have always been a challenging topic in the field of family law. The criminalization of the issue was accepted and confirmed in the assumption of non-observance of some legal requirements by the couple, after numerous legislative changes, finally adopted in the Family Protection Law (adopted in 2012). Since this crime is faced with some formations, such as its conflict with Islamic law, and there are many uncertainties about the legitimacy of such a punishment, it is questionable on what jurisprudential and religious grounds are such crimes applied? The answer to this question has led the author to a comprehensive reflection on the documentation contained in the problem. The results of the research indicate that the criminalization of these cases in the light of certain principles and rules of jurisprudence is unimportant and necessary, and is in accordance with jurisprudential standards. Therefore, the theory of opposition to its criminalization with religious law is ineffective and inappropriate
کلیدواژهها [English]
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