Jurisprudential - legal studies of woman and family

Jurisprudential - legal studies of woman and family

Analysis of the Concept of "Soft Law" and Its Application in the Family Legal System from a Religious Perspective

Document Type : Original Article

Authors
Seyyed Musa Musawi 1
javad habibitabar 2
Mahmooud Hekmatnia 3
Muḥsin Fattāḥī 4
1 PhD Student in Women's Studies, University of Religions and Denominations, Qom, Iran
2 Associate Professor, Department of Jurisprudence and Judicial Law, Al-Mustafa International University, Qom, Iran
3 Professor, Department of Jurisprudence and Law, Research Institute of Islamic Culture and Thought, Qom, Iran
4 Assistant Professor, Faculty of Women and Family, University of Religions and Denominations, Qom, Iran
Abstract
The concept of "soft law" has faced difficulties from the beginning and different views have been expressed about it. Some do not consider "soft law" as a legal concept because it does not have the nature of a government obligation. On the other hand, others believe that this concept, despite not having a guarantee of criminal execution, is one of the legal concepts in which voluntary obligation is introduced instead of government obligation. Some have equated soft law with morality because of its binding nature. Using descriptive-analytical method, this research seeks to answer the question: what is the meaning of "soft law" and how does it flow in the family legal system from a religious point of view? To answer this question, while explaining the concept of soft law, we examined its conceptual relationship with hard law and morality, and after reaching the point that soft law has a legal meaning and is different from hard law and morality, we analyzed the application of soft law in the family from a religious perspective. Hence, we have shown that, from a religious point of view, not only "soft law" can be applied in the family law system, but also due to the unresponsiveness of hard law in the family law system and the lack of ethics in family relations, the basic principle in family law system is the softness of rights and laws.
Keywords
Law
Family
Hard Law
Soft Law
Ethics
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Jurisprudential - legal studies of woman and family
Volume 4, Issue 7 - Serial Number 7
September 2021
Pages 7-27

  • Receive Date 05 July 2020
  • Revise Date 03 September 2020
  • Accept Date 04 October 2020