نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Child marriage remains one of the most challenging issues in Iran's legal and social system, carrying extensive psychological, social, and criminal consequences. The present study, through a critical approach, examines the criminal liability arising from child marriage in Iranian law, with particular emphasis on Article 50 of the Family Protection Law enacted in 2012. According to this article, the marriage of individuals below the legal stipulated age is only permissible with the consent of the guardian and the approval of the court. However, the imposition of inappropriate sanctions and ambiguities in concepts such as 'direct influence' in the note to this article have paved the way for the misuse of these regulations. This article, through a critical analysis of the said provision, demonstrates that the criminal liability of custodians and guardians in cases of violation of legal requirements has not been clearly defined, and the Iranian criminal system lacks adequate deterrent mechanisms to confront this phenomenon. In the comparative section, by examining the legal systems of countries such as Egypt and France, which have criminalized marriage under the age of 18, the necessity for amending domestic laws with a stronger protective and penal approach towards children's rights is highlighted. Finally, the research emphasizes the urgent need for legal reform, the establishment of a definite minimum age in line with international standards, the explicit criminalization of its violation, and the application of effective criminal liability to prevent widespread violations of children's rights and align the legal system with international standards.
کلیدواژهها English