A Survey of Family Laws in Iranian Law in Achieving the Goals of Article 1104 of the Civil Low
- Author:
- Fahimeh Mahallati
- Level:
- Ph.D
- Field of study:
- women Studies
- Language:
- Farsi
- Faculty:
- Faculty of Woman and Family
- Year:
- 2022
- Publisher:
- URD Press
- Supervisor(s):
- Javad Habibi Tabar
- Advisor(s):
- Mahmoud Hekmatnia
The family is the basis and pillar of society and plays an important role in the development and prosperity of society; Therefore, it is necessary to pay attention to the educational, religious, social, and legal fields in order to clarify what rights and responsibilities each member of the family has to work together to strengthen the family. The family also has the functions of reproduction and generational survival, supply the emotional needs of members, raising and caring for children, and the spiritual growth of members. In this dissertation, we also survey the laws of Iran in achieving the goals of Article 1104 of the Civil low, which states: “Couples must cooperate and help each other in strengthening the foundations of the family and raising their children”; Also, with a descriptive and analytical method, we survey family reunification and child rearing in jurisprudential and legal principles, and we evaluate the laws that have a positive or negative effect on the strength of the family and child rearing. Rules of good relations between spouses, observance of mutual rights and duties of spouses, cohabitation of spouses, inheritance of spouses from each other, obligation of wife to perform marital duties, financial independence of wife, support of mothers during pregnancy, custody of children by parents, obligation Parents in raising their children, being obliged to pay alimony to their wives and children, and the child’s respect for the parents are among the laws that have a positive effect on the strength of the family and raising children, and how to interact with the rules governing imprisonment Spouses, alimony, wife’s employment, guardianship, dowry and custody of the child, and sometimes conditional marriages based on Article 1119 of the Civil law also have a negative effect on family reunification. But the legal loopholes in this case are also the provisions on limitation of dowry, marital infidelity, marital fidelity, domestic violence, guarantee of implementation of prevention of abuse of polygamy, female counselor, obligation to register temporary marriage, which the legislator needs to Pay attention and take action to solve the problems between the couple and strengthen the family system. Also the rights of individuals should be addressed by creating a unified procedure among judges.