A Typology of Legislative Approaches in Iranian Family Law System after the Islamic Revolution

Document Type : scientific

Author

Assistant Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran.

Abstract

A correct and integrated family system within any legal framework is an essential and indispensable requirement for a normative society. Undoubtedly, the legislative system, as one of the three branches of government, plays a fundamental role in realizing this. The legislative system's perspective on the domain of the family in recent years has been derived from three predominant approaches. The first approach entails the adoption or citation of a specific jurisprudential ruling (fatwā) without due regard to a macro-level perspective or to the interrelationship between that fatwā and other components of family law; paradoxically, this approach has, in certain instances, led to substantively correct outcomes. The second approach involves silence regarding the issue at hand, leaving it unaddressed even through the method of individual jurisprudence. The legislator's silence in such matters can be divided into two categories: instances where clear juristic rulings exist on the subject, and instances where no such rulings are found among the corpus of legal opinions. The third approach is to actively confront the problem and go through a cross-section of perspective and establish fundamental and recommended laws by the Shariah, which regardless of some minor problems, the latter approach is the most appropriate legislative behavior if it persists and fixes some problems. 

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References

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Civil Jurisprudence Doctrines
Volume 17, Issue 32
December 2025
Pages 319-343

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History

  • Receive Date: 16 June 2024
  • Revise Date: 23 October 2024
  • Accept Date: 19 July 2025
  • Publish Date: 22 December 2025

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