عنوان مقاله [English]
The civil code and lots of the jurisprudential opinions have indicated the civil sanctions about the failure to maintain. Nevertheless, according to some other jurisprudential opinions, on the one hand, the criminal approach to failure to maintain have led the legislator to follow the policy of the aggravating punishment during the recent years, and on the other hand, bring to an end the punishment provided the consent of the complainant. This is while that the aggravating punishment for failure to maintain is unjustified in comparison with the other similar financial offences. Similarly, although based on the possibility of discretionary punishment for committing a prohibited act, the discretionary punishment for failure to maintain can be justified, in the jurisprudential precepts, with regard to evidence of preventing the vice (nahy `an al-monkar), the period of permissibility of discretionary punishment is as long as the convicted person pays the maintenance rather than the time of announcing the claimant his consent. The apparent break of the jurisprudential precepts has led the statute to endanger the firmness of the family, meanwhile providing the grounds of abuse. Therefore, following the jurisprudential opinions, it is desirable that imprisonment punishment is to be terminated by the legislator.