Analysis of Refusal to Registering Temporary Marriage Crime and its challenges

Document Type : Original Article

Authors

1 Assistant Professor, Department of Criminal law and Criminology, Faculty of law, Shahid Beheshti University

2 Family law M.A, Shahid Beheshti University

Abstract

The intervention of criminal law in family scope as basic institution of society is undeniable. The basic reason of this intervention is to keeping family stability and preventing its dissolution. Nevertheless in Iran law system there are some matters that are not meaning family regarding to its common concept but are entitled to criminal protection. Such as Temporary marriage which means a kind of marriage that conclude with specified dowry and time. The main aim of concluding this marriage is sexual exploitation not reproduction. However the eventuality of child’s birth is enough for intervention of criminal law by forcing husband to register the temporary marriage. For the first time after Islamic revolution of Iran, Family Protection Act forcing temporary marriage registration in three objects that are pregnant of wife, couples agreement and being related stipulation. This first experience is faces to some challenges which studying them is the main prophecy of this paper.

Keywords