نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The institution of the female advisory judge, introduced under Iran's Family Protection Law of 2012, was envisioned as a pivotal innovation to improve family litigation by incorporating women's social perspectives and experience, thereby enriching judicial decision-making. Despite this progressive intent, the institution faces substantial challenges and ambiguities concerning its legal status and practical function. This study aims to analyze the legal standing of the female advisory judge and evaluate its effectiveness within the Iranian family litigation system. The central research question investigates the judge's precise position under the law and assesses the extent to which it has practically improved court proceedings. Employing a descriptive-analytical method, this research utilizes legal sources and jurisprudential perspectives. The findings reveal critical barriers limiting its impact. Primarily, the purely advisory nature of the opinion undermines its authority, as it lacks binding force. Secondly, the absence of effective enforcement guarantees means that presiding judges face no legal obligation to consult or adhere to the opinion, rendering it largely optional. Thirdly, the procedural scope is confined to the initial litigation stages, preventing meaningful intervention during later, more complex phases.
کلیدواژهها English