Preventive policy Of Abandoning Almsgiving In The Regulation And Consolidation Of The Family

The family is one of the most important institutions of any society, and the establishment of laws and regulation within it has always been the focuse of the legislators of different societies, due to its important role in raising the next generation, internalizing the values of the society and the development of countries, etc. In this study, Criticism of the preventive policy of giving up alms in family consolidation has been discussed. The study was conducted using a qualitative method and thematic analysis strategy and purposeful sampling method with in-depth interviews with 17 legal experts in family field including judges of the legal, criminal court and expert lawyers of Qom. In this research, firstly, the policy of Islam in dealing with family issues and then the guarantee of criminal execution of the abandonment of charity have been discussed And then the effects and results of the implementation of Article 53 of the Family Protection Law have been studied in practice. According to the findings of the research, Islam’s policy regarding family problems is preventive and prioritizes the guarantee of civil enforcement and the use of criminal execution guarantee is used only in case of necessity and as a last resort. According to the findings of research, the most important issue that has caused the failure of mentioned article in preventing the crime of desertion has been influence of judicial policies on the economic and cultural statuse of the society. In order to preserve and strengthen the foundation of the family, it is appropriate for the legislator to amend and revise the guarantee of criminal execution of desertion And by returning to jurisprudence and using relevant jurisprudential opinions regarding the issue of giving up charity and taking into account the economic and cultural conditions of today’s society, he should take steps towards achieving his goal and Consider that the family cannot be preserved only through legislation. But it should  provide the ground for raising the culture of society, strengthening the morals and religious beliefs of people and trying to eliminate the ignorance of people regarding the rules in family. So the set of mentioned factors will preserve the foundations of families and reduce the occurrence of crimes in the family sphere, including the crime of abandoning alms in the society.