نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه فقه و حقوق، پژوهشگاه فرهنگ و اندیشه اسلامی، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In the family law of Islam and Iran, economic rules have been legislated in such a way as to provide for the needs of spouses and children. However, due to social changes, today some family economic rules do not provide for their needs. The current research was conducted with the purpose of investigating the economic insecurity of the family in Iranian law and the capacities of law to overcome this insecurity. To this end, all the written sources of law in this field were investigated in the analytical-documentary way. The results showed that in Iran's legal system, the use of private rights capacity for the economic support of the family has been the criterion. Moreover, the direction of legal developments in two legal and contractual dimensions includes the economic support of the wife through the consolidation of the economic obligations of the husband. Therefore, the balance of marital rights and duties has been messed up and the family has become dysfunctional. So, in this paper, Iran's legal experience in the field of criticism and the capacity of public law in the economic provision of the family was explained. In the end, it was concluded that the way out of the malfunctioning of this area and the economic provision of the family is the economic commitment of the government.
کلیدواژهها [English]
* قرآن کریم (1388). مترجم: مکارم شیرازی، ناصر. تهران: طلایه آفاق.
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