Document Type : Article
Assistant Prof., Department of Law, Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran
Ph.D. Student in Women Studies (Women Rights in Islam), Tarbiat Modares University, Tehran, Iran
Ph.D. Student in Family Law Studies, Family Research Institute, Shahid Beheshri University, Tehran, Iran
The family is highly regarded as the main cell of society. In order to facilitate, maintain and strengthen the family, the Iranian constitution states characteristics, and ignoring these characteristics harms the family. The purpose of this article, which is done by descriptive-analytical method, is attention to the rules and factors discussed in Principle Number 10 of the Constitution, in the compilation family law system based on superior documents, policies noticed by the Supreme Leader and the existing rules in the Iranian legal system. The findings indicated that rules and factors discussed in Principle Number 10 of the Constitution were all considered as a requirement in large policies and upstream documents, such as policies general family policies, the notice from the Supreme Leader in 1395, facilitation of Youth Marriage passed in 1384 by the Islamic parliament, some of the codes of civil law and Family Support Law passed in 1391, etc.; all are made with special attention to them. However, high divorce rates, filing of lawsuits and family lawsuits, including subsistence alimony, marriage portion, divorce and, most importantly, reduce marriage rates, indicates defects that the significant part of them is due to the lack of full attention to policies and the incomplete implementation of existing laws in the procedure governing the country's judiciary and lack of supervision by those in charge. Moreover, it is suggested that an appropriate and clear pattern for families be presented.
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