Causes of Realization and Disappearance of the State of Being Married in Crimes against Chastity with a View to Islamic Penal Code of 2013

In Imamia jurisprudence, there is controversy over the causes of realization and disappearance of the state of being married and how it affects penalties. The first issue in this regard is the notion of being married. The questions what is being married and what is the essential element of its realization are among the most significant issues in the area of crimes against chastity in Islamic criminal jurisprudence. The Islamic jurists have applied constraints in defining the status of being married any of which may make the concept and examples of being married different. Some differences are observed in the statements of Islamic jurists when declaring the examples of married man or woman which appear to have led to the change of the legislator’s attitude towards the status of being married in the two Islamic penal codes of 1990 and 2013. The present study intends to answer the question what is the essential element of realization and disappearance of being married. The study, through a descriptive method and rational analysis has concluded that the criterion of being married is the possibility of enjoyment and contrary to what has been stated in the Islamic penal code, temporary spouse may be a cause of being married as well.