An Investigation into the Reasons for the Necessity of Supporting Criminal Law from the Private Sanctuary of the Family

As a private domain, the family is subordinate to the characteristics of 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 public aspect of the criminal law into consideration, its basis is on the lack of need of its presence when facing the family, the basic question is “by considering the existing facts, what are the scientific reasons for the integration of the criminal law and family and based on which reasons can this relationship be considered justified, rational and necessary?” In this way, the results obtained based on the findings of research, is that given the necessity of the commitment to the goals of criminal law in an absolute way from the prospective of jurisprudence and law, the responsibility of forbidding evil ascertained in the family the necessity of supporting internal dignity as an individual as well as the family as a whole by the Islamic government; the ambiguity of the concept of freedom and its not being predetermined in common sense and finally devising criminal guarantees in protecting the individual and the family in Shariah and the logical necessity of their implementation when obeying legislator, principles and the reasons for the proper necessity of the interaction of criminal law and the family has been described in this descriptive and analytical study.