Jurisprudential principles and criteria for criminalizing violence against the wife

Violence against women is an unfortunate phenomenon that occurs in various forms such as physical, psychological, social, economic, cultural and sexual violence, and addressing this issue is inevitable. Although the legislature has explained and legislated the provisions in the criminal law, it has not paid attention to it in the family protection law; While the study of this issue in family law has different dimensions and this descriptive-analytical study, only from the jurisprudential dimension, has examined the possibility of criminalizing violence against women (wife) and seeks to answer the question of "criminalizing violence against women based on which law. "Has jurisprudence been legalized?" The research findings showed that, firstly, in different legal regimes, there are common criteria for criminalizing family crimes. Second, in order for criminology to be effective, this process must be in harmony with the social, cultural, religious, and moral values and morals of individuals in society. Finally, in the field of the legitimacy of criminalizing violence against the wife, we can refer to jurisprudential principles such as verses and hadiths that explicitly condemn or prohibit violence against the wife. In addition, some jurisprudential rules, such as the no-harm rule, the rule of prohibition of embarrassment, and the rule of protecting the interests of the individual and society, have the necessary effectiveness in criminalizing violence against the wife, and their uses can be used in this regard.