Public Law Studies Quarterly

An Analysis of Article 10 of the Constitution of the Islamic ‎Republic of Iran and the Application of its Standards to the ‎Laws Governing the Family

Document Type : Article

Authors

Elham Shariati 1
Leila Bahrami 2
Seyedeh Faezeh Safdarzadeh 3

1 Assistant Prof., Department of Law, Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran

2 Ph.D. Student in Women Studies (Women Rights in Islam), Tarbiat Modares University, Tehran, Iran

3 Ph.D. Student in Family Law Studies, Family Research Institute, Shahid Beheshri University, Tehran, Iran

https://doi.org/10.22059/jplsq.2021.309409.2547
Abstract
Family is regarded as the main cell of society. In order to facilitate, maintain and strengthen the family, the Iranian Constitution states standards, and ignoring these standards harms the family. The purpose of this article, which is done by descriptive-analytical method, is to the examine how the standards laid down in Article 10 of the Constitution, have been applied in upstream documents, policies declared by the Supreme Leader and the existing laws on family. The findings indicate that rules and factors discussed in Article 10 of the Constitution were all considered as a requirement in upstream documents, such as General Policies on the Family notified by the Supreme Leader in 2015, the Act on the Facilitation of Youth Marriage passed in 2006 by the parliament, the Civil Code and the Family Support Law passed in 3013, etc. However, high divorce rates, filing of lawsuits in family courts, including subsistence alimony, marriage portion, divorce and, most importantly, reduction in marriage rates, indicate defects due to the lack of full attention to General Policies and the incomplete implementation of existing laws in 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.

Keywords

policy-making
legislation
‎family
strength and ‎excellence
women.‎

  1. Refrences in Persian:

    1. A) Books
    2. Asadi, Leila Sadat & Shokri, Farideh (2015), Rules of Family Affairs and Lawsuits, Tehran, Imam Sadegh (AS) University (In Persian).
    3. Alwani, Seyed Mehdi & Sharifzadeh, Fattah (2013), Public Policy Making Process, Tehran: Allameh Tabatabai University (In Persian).
    4. Emami, Seyed Hassan (2003), Civil Law, Tehran: Islamic (In Persian).
    5. Ansarian, Hossein (1998), Family system in Islam, Qom, Umm Abiha (In Persian).
    6. Jafari, Muhammad Taqi (1411 AH), Jurisprudential treatises, Tehran: Institute of Dignity Publications (In Persian).

    Hekmatnia, Mahmoud (2011), Women and Family Rights, Tehran: Institute of Islamic Culture and Thought, Vol. 3, Women's Rights System (In Persian).

    1. Hekmatnia, Mahmoud (2011), Philosophy of Women's Rights System, Tehran: Institute of Islamic Culture and Thought, Volume 1 (In Persian).
    2. Rasekh, Mohammad (2009), Right and Expediency, Vol.1, Tehran: Ney Publishing (In Persian).
    3. Safaei, Seyed Hossein & Emami, Assadollah (2013), Brief Family Law, Tehran: Mizan, Ch 36 (In Persian).
    4. Qolipour, Ibrahim (2009), Rahmatullah and Gholampour Ahangar Public policy-making process in Iran, Tehran: Research Center of the Islamic Consultative Assembly (In Persian).
    5. Katozian, Nasser (1992), Family Law Preparatory Course, Tehran: Modares (In Persian).
    6. Kaabi, Abbas (2016), Analysis of the principles of the Islamic Republic of Iran, analysis of the principles of the tenth principle of the Constitution, Tehran: Office of Islamic System Studies (In Persian).
    7. Mohaghegh Damad, Seyed Mostafa (2002), Family Law, Tehran: Humanities Publishing Center (In Persian).
    8. Detailed deliberations of the Parliament on the final review of the Constitution of the Islamic Republic of Iran (Bita), Tehran: General Department of Cultural Affairs and Public Relations of the Islamic Consultative Assembly, Vol. 1 (In Persian).
    9. Motahari, Morteza (2005), Society and History, Tehran: Sadra (In Persian).
    10. Mahdavi Zahed, Mohammad Mehdi (2018), Sociology of Public Law, Tehran: Negah Bineh (In Persian).

     

    1. B) Articles
    2. Hosseini, Seyed Hassan & Azizi, Mina (2015), "A Study of Family Protection Laws and Policies in the Post-Islamic Revolution of Iran", Women and Family Studies, Vol. 4, Issue 1, pp. 7-34 (In Persian).
    3. Najafi, Ebrahim & Ahmadi, Hussein (2012), "The importance, role and function of the family from the perspective of Islam and its place in the document of fundamental change in education", Family Quarterly, Vol. 13, pp. 7-30 (In Persian).
    4. Javid, Ehsan & Niavarani, Saber (2013), "The Realm of the Right to Health in the International Human Rights System", Journal of Public Law, Vol. 15, No. 41, pp. 70-47 (In Persian).
    5. Khandan, Zahra et al. (2018), "Lived experience of single youth in relation to increasing the age of marriage", Islamic Studies of Social Injuries, Vol.1, Issue 3, pp. 96-71 (In Persian).
    6. Kadkhodai, Abbas Ali & Bahadori Jahromi, Mohammad (1397),"The Necessity of Interpreting the Constitution in the Light of the Characteristics of this Law", Public Law Studies, Vol. 48, Issue 1, pp. 21-1 (In Persian).
    7. Mohammad Taghizadeh, Mahdieh (2020), "Experience of Compulsory Counselors among Applicants for Consensual Divorce in Tehran", Women's Research Journal, Vol. 11, Issue 31, pp. 112-83 (In Persian).
    8. Mousavi, Seyyed Fazlollah & Ebrahimi, Fatemeh (2020), "Study of the position of the family in the international human rights system", Public Law Studies, University of Tehran, Vol, 50, Issue 2, pp. 511-491 (In Persian).
    9. Mousavi Bojnourdi, Mohammad & Davarzani, Mohsen (2015), "Family physician, the realization of justice in health with an approach to the views of Imam Khomeini", Matin Research Journal, Year 17, No. 64, pp. 51-27 (In Persian).
Public Law Studies Quarterly
Volume 53, Issue 1
Spring 2023
Spring 2023
Pages 533-555

  • Receive Date 05 September 2020
  • Revise Date 15 December 2020
  • Accept Date 24 May 2021

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