Family, because of its fundamental and important
role in the society, has been supported by the legislature penally in
the law systems of different countries.
Compilers of the Islamic criminal law have not
neglected to pay attention to this substantial element and in the
chapter 19 of the fifth book of the Islamic criminal law (crimes against
the rights, and duties of family) they have supported the values and
members of the family and have devoted 6 law articles to this subject.
In this thesis, after the definition of the" penal
policy", the penal policy of the Iranian legislature about the crimes on
the articles 642 – 647 of the Islamic criminal law (crimes against the
rights and duties of the family) has been considered.
The above-mentioned have been studied under the
following titles: "refusing the maintenance" ,"marring a woman already
married" ,"wedding a married woman with another man" ,"not register the
marriage contracted officially, divorce and revocation" ,"getting
married with the minor" ,and "deception in the marriage" .
And in this thesis the law element, actus reus and
mens rea of this crimes have been studied, too.
After considering the consisting elements of the
said crimes and the circumstances of their realization, the determined
punishment for this crimes have been analyzed.
This thesis answers this question that" Whether the
determined penal policy for these crimes has been suitable and able to
support the framework of the family or not? "
Finally, suggestions have been offered for reforming
the determined penal policy for the sake of supporting the framework of
the family.