فقه و حقوق خانواده (Feb 2008)

Family Law with in Iranian Civil Law

  • Irandokht Nazari

DOI
https://doi.org/10.30497/flj.2008.68013
Journal volume & issue
Vol. 12, no. 47
pp. 76 – 94

Abstract

Read online

The family, due to it's significance in private and social life, has been important for the legistlators in all kinds of societies and communities. In accordance with the principles of thoughts and ethics of those communities, it has enjoyed legal support. Legislators in Iran have been trying to legislate better laws in relation to the family based upon Islamic principles and the constitutional law of the Islamic Republic of Iran but it has not succeeded. The writer while studying the family and it's particular rules and regulations the writer tries to analyse the nature of mandatory, optional and conditional laws, what guarentee is there that they will be implemented. The legistlative changes regarding procedural law in respect to family is also studied. While presenting some of the new changes in law and it's legal criticism, we draw the conclusion that all religious cultural, social and it's psychological aspects should be taken into consideration and having consulted with experts and legistlators are also adviced in order to prevent the legistlative weak points and stop going to extreme lengths.

Keywords