جستجوی مقالات مرتبط با کلیدواژه "temporary marriage" در نشریات گروه "علوم سیاسی"

The phenomenon of prostitution is one of the issues that, despite a history as old as humanity, is still raised as one of the problems of human societies at the level of the international system, and Iran is not an exception to this general rule. According to the ideological approach of the governing and political system in Iran, this social harm is in the center of attention and is considered an anti-value matter and therefore against the law. The spread of criminological and sociological harms such as the brokering phenomenon called "Khaleh" and the inverted presentation of the Sharia laws of "temporary concubine" in the direction of economic and financial exchange as a Sharia and legal cover for the non-codified industry of prostitution formed in Iran in the form of cyberspace and Some other injuries are the bad effects of this case In this article, we are looking for the question that what are the most important sociological and criminological factors that cause the spread of the sinister phenomenon of prostitution in societies? With a descriptive and at the same time analytical approach, using the method of collecting information in the form of documents, we are seeking to find a suitable answer for this question. The findings show that the phenomenon of prostitution, which is equivalent to the rule of "famous adultery" from the point of view of religious teachings and Islamic criminology, especially in Iran, is getting closer to the border of pandemic.

One of the essential components in the issuance of social judgments is the element of expediency, so that if the expediency and changes of society are changed by considering internal and external characteristics or conditions and restrictions; Its provisions also change forcibly. The issue of limiting and developing the jurisprudential rules of temporary marriage due to social necessity and expediency is one of the examples that can be considered in this area, because this type of marriage can reduce sexual insecurity and play an important role in reducing social harm. On the other hand, it may weaken and disintegrate the foundation of the family. In general we can say; Temporary marriage, provided it is not abused, can meet some of the social needs and reduce sexual insecurity, illicit relationships and social harms, including prostitution, but in situations where this marriage harms the permanent marriage and the foundation of the family, or in the interest of society. If not, it is necessary to restrict and draft laws and regulations in accordance with these conditions.

The present article seeks to examine and analyze the harms of not registering a temporary marriage; In this regard, an attempt has been made to study the course of legislative developments in this regard and to identify and study the effects of marriage registration in different legislative periods. The results of the research show that although the obligation to register a marriage event has a legislative history; However, at some point in time, the criminalization of this act was questioned by the jurists of the Guardian Council, and since this was met with criticism, the legislator finally registered the temporary marriage in some articles of the Family Protection Law (approved in 2012). In some special cases and conditions (pregnancy, agreement of the parties, condition of the contract) required. Also, the results of this article indicate that due to the many social harms and problems that occur in not registering a temporary marriage, and in order to protect the family unit, this criminalization is not enough and it is necessary for the legislator to review the relevant laws to register marriage. Make the temporary as absolutely mandatory as the permanent contract and do not restrict the obligation to register it to certain restrictions.