Family Court's Inherent Jurisdiction

Abstract

For the first time in the history of Iranian law, the Family Court in Wright as a special court was created by virtue of Family Protection Act of 19/02/2013. It should be noted that the drafting and approval of clear and unambiguous rules are necessary as much as the creation of such a court. One of the most important issues in this regard is the inherent jurisdiction of the Family Court as an exclusive court, and hence the legislator has a duty to set up clear and effective rules accordingly. However, the legislator has not taken an appropriate approach in this regard, since on the one hand, the scope of the jurisdiction of this court contains a number of issues not relating to family affairs, and on the other, important family issues have not been considered within the jurisdiction of the Court. This article has found that the method of verbal interpretation does not propose a solution to this problem. Therefore, by considering that the process of law reform is time-consuming and could lead to uncertainties, this article seeks a solution for the interpretation of hermeneutics in order to clarify the suitability of family law.

Keywords

• family matter
• hermeneutics interpretation
• special court
• textual interpretation
• the family laws