چکیده:
One of the topics in Iranian criminal law regarding crimes against family interests, which the legislator has referred to in Article 647 of the Islamic Penal Code, is fraud in marriage. Unfortunately, due to many reasons, despite its occurrence in society, this subject has received less attention from the public and especially professors. The author has attempted to examine the three elements of this crime and critique and review the views of legal scholars who have expressed opinions in this regard, addressing it in light of social-family interests and requirements.
خلاصه ماشینی:
" The two aforementioned articles have now been repealed by Article 746 of the Islamic Penal Code, according to which: "If either spouse, prior to the marriage contract, deceives the other party regarding vain matters such as having higher education, financial solvency, social status, a specific job or position, celibacy, and the like, and the contract is concluded based on any of them, they shall be sentenced to discretionary (ta'zir) imprisonment from six months to two years.
2- In Article 5 of the previous law, the legislator used the simple phrase "deceives the other party," whereas in Article 746, the legislator, by using the phrase "vain matters," has also provided examples of deceptive acts by way of illustration, such as "having higher education, financial solvency, social status...
Therefore, if a marriage contract is concluded based on correct grounds, but after some time one of the spouses intends to separate from the other, and the other party succeeds in deceiving them through recourse to vain matters so that they refrain from divorce, it will not be subject to the provisions of Article 746 of the Islamic Penal Code, because the provision of the article refers to the occurrence of the "marriage" contract, not the prevention of the occurrence of divorce.
7 However, the author disagrees with this and considers the criminal result to be the occurrence of the "marriage" contract between the spouses, not the deception of either of them, because it is explicitly stated in Article 746 of the Islamic Penal Code: "If either of the spouses deceives the other before the contract....
(
, 
, 
)
