Analysis of “Family Institution” Advocatory Policies in Islamic Republic of Iran

Abstract

Islamic republic of Iran as a religious, yet modern, pattern of state has always advocated “family” as the holiest and the most fundamental social institution. Based upon the tenth article of Iranian constitution, all the legal measures are to facilitate both formation and protection of “Family”; a policy which is supposed to shelter the holiness and solidarity of “Family” in accordance with the Islamic sharia. Admittedly, after the 1979 revolution, the number of laws and policies related, directly or indirectly, to “family institution” have always been on the rise. This qualitative research has studied those polices and laws (1979 to 2012) which have represented the aim of advocating “Family”. Different types of critical “Content Analysis” have been manipulated to thematically explore, interpret and compare the previously mentioned laws and policies. According to the results of the analysis, while “Governmental” reactions to “Family” issues have been mostly of economic essence and conservative approach, “Judicial” reactions have remained more responsible in case of addressing the contemporary problems of the “Family” institution. In summary, the emergence of social and legal problems which are threatening the ideals of “Family” institution, have resulted in a “realistic” judicial approach which cannot ignore the weaknesses of “traditional” formulations and prefers to be adjusted to the new social facts.

Keywords

• policy making
• family support
• family institution
• family law development