Analysis of Refusal to Register Temporary Marriage Crime and Explanation its Challenges

The intervention of criminal law in family scope as basic institution of society is undeniable. The basic reason of this intervention is to keeping family stability and preventing its dissolution. Nevertheless, in Iran law system there are some matters that are not meaning family regarding to its common concept but are entitled to criminal protection. Such as Temporary marriage which means a kind of marriage that conclude with specified dowry and certain time. The main aim of concluding this marriage is sexual enjoyment not reproduction. However, the eventuality of child’s birth is enough for intervention of criminal law by forcing husband to register the temporary marriage. For the first time after Islamic revolution of Iran, Family Protection Act forcing temporary marriage registration in three objects that are pregnancy of wife and spouse’s independent agreement or in marriage contract agreement. So husband’s refusal to register the marriage in this cases has criminal punishment. This first experience is faces to some challenges which studying them is the main prophecy of this paper.