Soft rights in the family system from the perspective of Islam and the examination of the compliance of the approved laws of the Islamic Republic of Iran with it
- Author:
- Seyed Mousa Mousavi
- Level:
- Ph.D
- Subject(s):
- Women's Rights in Islam
- Language:
- Farsi
- Faculty:
- Faculty of Woman and Family
- Year:
- 2020
- Publisher:
- URD Press
- Supervisor(s):
- Javad Habibitabar
- Advisor(s):
- Mahmoud Hekmatnia, Seyed Mohsen Fattahi
“Soft laws” has a short lifespan in legal literature that has entered the legal system in recent years. This type of law is in contrast with the hard rights that have faced conceptual challenges from the beginning. Some do not consider it as a legal concept because there is not the characteristic of government obligation in soft laws. On the contrary, Others argue that this concept is one of the legal concepts, because it has a guarantee of positive performance, and that there is a voluntary commitment instead of a government obligation. This survay, with acceptace of the theorey that this concept is legal and by examining jurisprudential and legal sources with descriptive-analytical method, has sought to answer the question of what is the Islamic view on the flow of “soft rights” in the family legal system and that to what extent do the approved laws of the Islamic Republic of Iran conform to this view? To answer this question, while explaining the concept of soft rights and examining the theoretical foundations required, the flow of soft rights in the family has been analyzed from an Islamic perspective. The research findings show that from a religious point of view, not only soft rights can flow in the family law system, but also due to the special characteristics of the family and the lack of strict rights in the family legal system and also, because morality is not pervasive in regulating family relations, the principle in the legal system of the family is the softness of rights and laws. According to this view, soft rights in the family have special components, principles and foundations, and research findings also show that soft rights in the family have a guarantee of external and internal performances. Finally, by reaching the view of Islam, the approved laws of the Islamic Republic of Iran were examined and evaluated, and it was concluded that most of the approved laws and regulations are not in line with the obligation of individuals to family rights, rather compulsion is more in these laws.