نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشجوی دکتری رشته فقه و حقوق قضایی از مرکز عالی علوم انسانی /قم/ایران
2 عضو هیأت علمی / دانشگاه امام صادق (ع) ، پردیس خواهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Consent of the wife in marital relations according to the principles of western legal systems is to have a sexual relationship and the husband is not allowed to have sex without the consent of his legal wife, but in the Islamic legal system the wife is obliged to submit sexually to the husband, the husband is allowed to Enjoying the wife. The question raised in this research is: according to the principles of criminal responsibility, how can the husband's acts of sexual violence be combined with the principles of his sexual abuse of his wife?Commenting on the analysis and description of the bases of criminal responsibility, and the binding principles of the mentioned offense; It can be concluded that sexual intercourse is not unconditional and absolute, and the husband is not allowed to have sexual relations with his wife by using violence and crime, but from the point of view of legal jurisprudence, the husband will be the guarantor of the crimes. Another question that was examined in this research is: Is the consent of the wife to commit crimes while having sex effective in removing the criminal responsibility of the husband? or not In this article, while analyzing and describing jurisprudential sources and laws, we came to the point that: the primary owner of the right to retribution or dowry is originally the victim himself.And since the origin and cause of this right is the rule of the monarchy, not the commission of a crime, as a result, it is not possible to distinguish between consent before the commission of the crime and after. And the lack of guilt is not considered the perpetrator; However, according to the famous decision of the jurists and the legislator regarding the effect of the consent and amnesty of the victim on the
کلیدواژهها [English]
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