The interaction of two institutions: A reflection on legal basics of the intervention of government in family

Document Type : Original Article

Authors

1 PhD student, Department of Criminal Law and Criminology, Kermanshah branch, Islamic Azad University, Kermanshah, Iran

2 Assistant professor, Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran

3 Assistant professor, Department of Law, Amin Police Training and Officer University, Tehran, Iran

10.22034/scart.2025.141164.1511

Abstract

Some governments consider the criminalization in the family as possible ,by recognizing the private environment and also in some democratic systems by justifying the precedence of the salvation of individuals over their freedoms. On the other hand, a group of jurists and rullers, citing the privacy of the family and the separation of ethics from law, consider the criminalization against the nature and requirements of the family. Thus, in order to accomplish the desired intervention of the government in the family institution in the Islamic Republic of Iran, it is necessary to know the jurisprudent and legal foundations of the principle of the intervention of the government in the family institution. This paper aims to elaborate on the necessities, effects and bases of criminalization of criminal law intervention in the scope of family law in Iran's legal system. The research method is descriptive using library information (documentary). The research findings showed that the concern to protect family and its members on one hand, and the facilitation for criminalization in order to resolve this concern through criminal intervention on the other hand, has caused the Iranian legislators to struggle and proceed several criminalizations in the family scope. These criminalizations have often been justified based on the principles of damage and moralism. By adopting the policy of maximum criminality, they have even borrowed perfectionism from the principles of criminalization and have ignored the principle of lawful patriarchy.

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