M.A. Thesis:

Legal jurisprudence review of the application of Ehsan rule in family rules

The purpose of this study is to study the jurisprudence and law of the application of the rule of kindness in family laws. The method of this research is library studies and descriptive-analytical. The method of data collection is library studies. The results showed that the laws in the system of the Islamic Republic have been formulated based on legal principles and sources. According to the Islamic Penal Code and according to the type of crimes and the existing conditions in the occurrence of each crime, a specific punishment is determined for the offender. On the other hand, in the penal system of Islam, considering the importance and high role of the family and the very legitimate emphasis on maintaining family ties; In many crimes in the field of family, the application of the rule of kindness and the avoidance of the main punishment is an issue that the legislator and consequently the legislator has addressed. In general, if the goal of each couple and family member is to deliver good to the other party, even if they also benefit in that regard, it is subject to the rule of benevolence, but if the claimant of good is himself and delivering good to another other than Considerable or subordinate and leads to harm to the person, the sentence is guaranteed. Also, the rule of kindness in family laws has left favorable results and leads to the strengthening of the family institution more than before.

Keywords: Ehsan rule, family, family strength, jurisprudence, law