Is the strength of the family in jurisprudence and law a fundamental principle or a strategic rule?

Abstract

The family, as the smallest and at the same time the most fundamental social institution, plays a significant role in the formation and sustainability of human societies. The strength of the family not only guarantees the social, cultural and moral health of the society, but also has a key position in the Islamic jurisprudential and legal system. Islamic teachings, especially the verses of the Quran and the narrations of the Infallibles (peace be upon them), have introduced the family as a solid foundation whose relations between its members should be regulated on the basis of affection, mercy and justice (Ansarian, 2011: 45). On the other hand, the Iranian legal system, which is based on Islamic jurisprudence, has formulated numerous principles in its civil laws and superior documents to support the strength of the family. However, given the emerging social challenges, including the increase in divorce rates, changes in gender roles, and influence from non-authentic cultures, examining the jurisprudential and legal foundations of family strength has become more important than ever.