Document Type : Original Article
Authors
1
Ph.D student Private Law, Faculty of Law, and Political Science South Tehran Branch, Islamic Azad University, Tehran, Iran
2
Professor of Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. ( Corresponding Author
3
University of tehran low, tehran,iran
Abstract
Family institution, as the most fundamental social pillar in different societies, plays an irreplaceable role in the continuity of values, norms and education of the future generation. To provide jurisprudential and social solutions to strengthen and sustain family in the contemporary society, the purpose of the present research was to examine the jurisprudential-social challenges of family institution.
Based on the social and cultural changes after the revolution, and, using written sources and related texts, and, inferential and analytical methods, the present research addressed jurisprudential issues and disputes in the field of family law and highlighted the role of dynamic ijtihad in solving these issues.
The results showed that, after the Islamic revolution in Iran, family institution, on the one hand, facing extensive changes in the social, legal and cultural fields, tried to strengthen its position based on Islamic principles, and, on the other hand, it was influenced by social, economic and global changes. These different contexts and developments caused Iranian families to face new challenges such as changes in gender roles, increased divorce rates, decreased willingness to marry, and the effects by the global cultures, which required revisioning and adapting social laws and policies in according with the current realities of society which intensified the need to preserve and strengthen family institution. Jurisprudential solutions to face these social challenges for family institution requireed a comprehensive approach aligned with social developments. By raising awareness, revising jurisprudence, supporting the rights of women and children, and promoting a family-oriented culture, we can help strengthening family institution in our society. The implementation of these solutions responds to social and cultural needs and can lead to family institution improvement and stability in the contemporary era.
Keywords