جستجوی مقالات مرتبط با کلیدواژه « سوء معاشرت » در نشریات گروه « علوم انسانی »

Divorce is a social issue that has witnessed an upward trend in recent years, exerting negative effects on families, children, and society. One significant factor contributing to divorce is marital misconduct, which may lead to the commission of crimes related to domestic violence, assault, infidelity, and even homicide. Despite numerous studies on the causes and consequences of divorce in Iran, there is a lack of sufficient research on the role of marital misconduct in divorce occurrences.

This study aims to investigate the causes of divorce reported by divorce applicants and domain experts in Rasht City, with a specific emphasis on the commission of crimes resulting from marital misconduct. Additionally, the study seeks to propose legal and psychological solutions to reduce the phenomenon of divorce.

The present research adopts a descriptive-correlational approach with an applied nature. The target population includes all divorce applicants in Rasht City, from whom 200 individuals (100 men and 100 women) were randomly selected for examination of the reasons behind divorce based on their self-narratives. Moreover, domain experts in divorce, including family court judges, divorce notaries, and social workers (42 individuals in total), were included. Data were collected using a researcher-designed questionnaire through fieldwork, and the analysis involved Pearson correlation, stepwise regression, and Spearman tests in the SPSS26 software.

Regression analysis results indicate that the most influential factor in divorce rates is related to sexual and ethical crimes, especially illicit relationships in virtual spaces (p < 0.05).

The findings of this study suggest that marital misconduct can lead to unlawful and criminal behaviors, impacting divorce rates. Therefore, it is recommended to focus on increasing awareness and communication skills among couples, strengthening emotional relationships, encouraging joint decision-making, supporting at-risk families, and providing suitable counseling and psychological therapy services to prevent and reduce divorce in society.

Matrimony is a sacred event and different affects and consequences arise from it. One of the purposes of people in marriage is having baby, a baby who is the plenipotentiary representative of his/her parents. However, sometimes husband is opposed to her wife pregnancy without any compelling reason. The question is whether childbearing is a right? And if the answer is positive, it is the right of both wife and husband or just one of them? We can understand from the context of jurists and Islamic scholars that childbearing is a right of both parents (not merely a right for man). As husband has the right of getting pregnant, the wife also has the right to become pregnant. According to La Zarar (no prejudice) rule and the assumption of husband’s misconduct, the wife would have the right to divorce if the right of wife (become pregnant) be ignored and man refuse to have a baby.

Today, we are facing an increase in the phenomenon of divorce at the level of society. Divorce shakes the most important social institution, the family, and has severe effects on couples, children and society. The oldest type of prevention is the prevention of child delinquency and the prevention of general delinquency. According to this classification, in the case of delinquent children and teenagers whose personality is being formed. Considering the growth of this phenomenon in Rasht city, it is possible to prevent divorce by identifying its most important causes and factors, and providing preventive measures. And he is a husband. The purpose of this research was to investigate the impact of marital delinquency on divorce and the ways to prevent it in the courts of Rasht city. The current research method is practical and the statistical population of this research consists of 150 men and women who have been issued a divorce decree in the family court and have referred to the office of the divorce house for registration. The method of data collection was in the field and using a regulatory questionnaire by the researcher, the reliability of which was reported as 0.82, and finally, data analysis was performed using the Pearson correlation coefficient method in the SPSS26 software environment. The findings showed that the most effective factors of crime in the occurrence of divorce are illicit relationships, chats and conversations with non-mahrams in cyberspace, economic problems (non-payment of alimony) and betrayal (adultery).

Family is a holy Society that had made on high feeling. Functionally it performes the most important role in welfare and adversity in Societies, SO effort in to protect and firm it, is a necessity which is not avoidable. In regard to unique characteristic of Family, there is no place penal sanction in the society. Even though in Some cases that husband doesn’t discharge the rights of his wife and in spite of his mal feasan, he doesnot accept his freedom. Because it contradict with the high interests of religious and its negative social influences, can be performed penal sanction in front of it. One of the defects in protect family bill is that producers don’t pay attention to this important matter. So to the witter, effort to solving this problem is necessary.

According to article 1133 of the Iranian civil law, a man can divorce his spouse whenever he wishes, but a woman is deprived of her right to get divorced except for the following cases: osr-o haraj, non-payment of the alimony, and the missing of the spouse for a long time. Though article 1119 of the civil law has provided the parties of marriage contracts or other separate irrevocable contracts with the possibility of adding their own conditions to the contracts, but the indifference of the public to this article and, as a result, the displeasing aftermaths of women's deprival of their right to claim divorce encouraged the High Judicial Council to incorporate some conditions into the formal marriage contracts to provide women with the right to get divorced under certain circumstances, on the one hand, and to give financial support to women who accomplished their matrimonial duties very well, yet their spouses want to divorce them, on the other hand. This paper is to study and discuss over the conditions of marriage contracts with reference to their practical vacuums and, after removing the ambiguities, propose some legal propositions for a better use of these conditions.