To Study the Necessity of Supporting Criminal Law from the Private Sanctuary of the Family

Abstract

As a private domain, the family is abides to the private law. On the other hand, as the only major authority, the government has the responsibility of supporting all individuals by resorting to civil and criminal law. However, by taking the general aspect of the criminal law into consideration, it shoud not be applied when fasenig family problem. The basic question is “by considering the existing facts, what are the scientific reasons for the integration of the criminal law and family and on the basis of which reasons can this relationship be considered justified, rational and necessary?” In this way, the findings of research shows, that there are many reasons in supporting family by criminal of as follews: the necessity of the commitment to the goals of criminal law to jurisprudence and law, the responsibility of the family in forbidding evil, supporting internal dignity of an individual as well as the family as a whole by the Islamic government, the ambiguity of the concept of freedom, and finally devising criminal guarantees in protecting the individual and the family according to Shariah and the logical necessity of their implementation has been described in this descriptive and analytical study.

Keywords

• public law
• private sanctuary
• government
• family law
• criminal law