نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه فقه و مبانی حقوق ، دانشکده الهیات ، دانشگاه الزهرا ، تهران
2 دانشجوی کارشناسی ارشد فقه و مبانی حقوق ،
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Factors such as committing acts against chastity by couples are a serious threat to the family. In such a situation, family members, both men and women, especially men, must protect the privacy of their family and considering that legitimate defense at individual discretion should be exceptional and the rule should be recourse to the law and official channelsAnd on the other hand, in accordance with the criminal procedure laws (including Article 168 of the Criminal Procedure Law), complaints of individuals about accusing others cannot be heard without evidence, and Iranian jurisprudence and law also require the detection of crimes, the acquisition of evidence, and the investigation of matters that violate modesty. It is prohibited except in exceptional cases and tries to cover up about this (Article 102 of the same law); With these words, there is practically a conflict between the prohibition of learning a reason for dealing with the plaintiff's grievance and On the one hand, couples should protect their family environment from intruders and aggressors, and on the other hand, they should not investigate the above-mentioned that the limitations of these complaints are removed and considered legitimate in such circumstances, and that the evidence related to the protection of the family (important) prevails over the evidence of the limitations in crimes against chastity (important). The research method in this article is descriptive, analytical and based on library sources.
کلیدواژهها [English]
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