نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
This study aims to elucidate and analyze the status of criminal sanctions within family law from the perspective of the five major Islamic schools of jurisprudence. Conducted using descriptive, analytical, and deductive methods—and relying on authentic, authoritative jurisprudential sources—the research examines and compares various viewpoints regarding the role of criminal sanctions as a deterrent against offenses within the family context. Data collection was carried out through library research.
The findings indicate that enforcement mechanisms within the family are primarily ethical in nature, followed by legal guarantees. An examination of Quranic verses, traditions, and the opinions of jurists from the five schools reveals that Islam emphasizes the principle of harmonious coexistence (*husn-e mo'asherat*) within the family; furthermore, in addressing family disputes, corrective and mediatory mechanisms—such as arbitration—are prioritized in certain instances.
Although differences of opinion exist among the schools regarding specific applications, the fundamental principle of preventing transgression and harm is consistently upheld in jurisprudential rulings. The acceptance of the principle of disciplinary correction (*ta'dib*) or certain criminal sanctions in family relations cannot be construed as a license for violence or the arbitrary punishment of family members; rather, their legitimacy and implementation are subject to conditions prescribed by Sharia and the law.
کلیدواژهها English