نوع مقاله : پژوهشی
نویسنده
استادیار گروه حقوق خصوصی دانشکده حقوق دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The correct integrated system of the family in any legal system is a requirement without distinction for a normal society. Undoubtedly, the legislative system as one of the three forces has a fundamental importance in realizing this. The view of the legal system on the family field in recent years has been based on three main approaches. The first approach has been to obtain or cite a fatwa without considering the macro view and the connection of that fatwa with other components of family law, which ironically has been successful in some cases. The second approach has been to remain silent in front of the issue and silence it even with the method of individual jurisprudence. This silence has sometimes been in the presence of legal texts and sometimes in the absence of texts. The third approach is to actively confront the problem and go through a cross-sectional view and establish fundamental and recommended laws from the side of the Shariah, which regardless of some minor problems, the latter approach is the most appropriate legislative behavior if it persists and resolves some problems.
کلیدواژهها [English]
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