نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The civil code in general, and family law in particular, are significantly influenced by the majority views among Imami Shiite jurists. However, the system of family rights in Iran has become disrupted and incoherent due to several factors. These include the silence, ambiguity, and limited number of family law articles, modifications to some articles that deviate from the majority view after the 1982 reforms, as well as the enactment of family support laws in 1974 and 2012. As a result, legal doctrine has faced challenges, and prosecutors have encountered conflicting opinions. Some argue that this lack of coherence is due to the reliance on majority views of jurists. However, this approach does not effectively address the legal gaps. The application of majority views in family law encounters three main issues: the absence of a clear majority view, conflicts between majority views and the principle of family strength, and inconsistencies with general family policies. Each of these issues is examined in detail through judicial cases in this article.
کلیدواژهها English
