نوع مقاله : مقاله پژوهشی
نویسنده
دانش آموخته دکترای حقوق جزا و جرم شناسی دانشگاه تهران؛ دانش آموخته سطح چهار حوزه علمیه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Child marriage is one of the issues that has always been the focus of discussions and controversies among experts in various fields due to the special conditions of children and the possibility of harm to them. It has been a long time since experts blamed the legislator for implicitly encouraging the phenomenon of "child marriage" and not trying to reduce its scope. This article discusses the issue of minor marriage from two jurisprudential and legal perspectives. From the point of view of jurisprudence and, as a result, from the legal point of view, the cost in the discussion of child marriage is compliance with expediency. Considering the angles of the concept of expediency and emphasizing that expediency must be about the child, the legitimacy of many cases of child marriage is ambiguous and doubtful. In recent decades, the legislator has drastically reduced the age of marriage for children; Although later he slightly increased the minimum age. By inducing doubts about the extent of guardianship of legal guardians in allowing minors to marry, the present article has made suggestions to reduce child marriages, referring to the current laws.
کلیدواژهها [English]
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