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Rereading the Definition of Family in the Iranian Legal System
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Maryam Ossadat Mohaghegh Damad1   |
| 1- Assistant Professor, Department of Private Law, Faculty of Law, Imam Sadegh University, Tehran, Iran. |
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Abstract: (435 Views) |
Background and Aim: In the Iranian legal system, including the law and the doctrine of law, there are many definitions and in some cases duplicates of the family that are often not comprehensive due to the one-dimensional view; In addition, the definition of the family in the present age is certainly different from the past due to the changes caused by globalization, but it has not been considered in the existing definitions; This is while in establishing laws and regulations and formulating policies and plans related to the family and even other than that, a correct and comprehensive understanding of the concept of family in the Iranian legal system appropriate to the present age, has a fundamental role. Therefore, the purpose of this study is to re-read the definition of family while expressing and criticizing the existing definitions of family in laws, regulations and doctrine of law.
Materials and Methods: The method of this research is descriptive-analytical which has been done by library method and by referring to jurisprudential, legal and sociological texts in the form of interdisciplinary studies.
Ethical Considerations: Ethical considerations have been observed in writing this article.
Findings: Since the family is a customary institution, the best way to provide a definition of the family in the Iranian legal system is to refer to the current custom of Iranian society and pay simultaneous attention to the teachings of Islam as well as developments resulting from modernity and globalization. Because in the current era, Iranian society, in addition to Islamic teachings, is simultaneously influenced by modernization and globalization, and none of them can be considered alone.
Conclusion: An institutional family consisting of a man and a woman having a legitimate marriage (verbally or in writing) with each other and possibly their child (s), whose most important feature in the present age is solidarity; In other words, according to this feature, what is important in the family is the emotional relationship between its members, not only the man's presidency and leadership, but also the relationship of family members is not only based on blood relations; Members also communicate through breastfeeding, adoption, artificial insemination, and surrogacy. In addition, unlike in the past, spatial sharing is only one minimal tool for solidarity due to the expansion of communication, not all of it. |
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| Keywords: Family, Iranian Legal System, Custom, Islamic Teachings, Globalization. |
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Full-Text [PDF 886 kb]
(188 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2022/04/17 | Revised: 2022/05/5 | Accepted: 2022/05/24 | Published: 2022/06/22
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