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Paper Information

Journal:   SOCIOLOGY OF WOMEN (JOURNAL OF WOMAN AND SOCIETY)   spring 2019 , Volume 10 , Number 1 (37) ; Page(s) 149 To 165.

Not registering marriage in jurisprodental view

* Department of juriproudence of fculity of theology Shahid Chamran university of Ahvaz, Ahvaz, Iran
Marriage is a divine covenant and is one of the most important and complex social contracts. It affects the lives of both couples and their children, and even other parts of society, and their registration, like all social contracts, can strengthens and prevent both sides from abusing and violating their duties and many other problems. However, the importance of registering any contract should not be allowed to be excessive in this matter because it may impose other costs on society for the crime of not registering marriage. It costs more than non-registration, and in some other way leads to a lack of family foundation Couples rights abuses is Iran's criminal policy over the past few years has seen a lot of downs and downsides in the crime of not registering marriage, and has shown different and different and sometimes contradictory attitudes. In this context, referring to religious sciences and jurisprudential review and The Shari'a issue can be solved and will help to reduce the challenges and provide a more reliable position on this issue. The research seeks to ensure that Article 49 of the Family Protection Law, which considers the absence of registration of marriage as a crime and has imposed a punishment for it, is based on a jurisprudential approach Criticized the reasons for criminalizing the lack of registration of marriage in the absence of proof and not lacking Byq this matter with Athar law to prove.
Keyword(s): family law,jurisprudence,registration,marriage,crime
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