The Jurisprudential and Legal Basis of Attention to the Principle of Consolidation in the Foundation of the Family

Abstract

Paying attention to the institution of the family and ensuring its maximum preservation within the framework of the system of religious edicts (fatwa) and legislation is an inevitable matter. However, the essential question is whether maintaining the strength of the family can serve as a basis for deriving religious rulings in the field of family law and for legislating in this regard. Therefore, given the importance of this issue and the necessity of addressing the above question, the present article—compiled and categorized with the aim of identifying and determining the jurisprudential and legal basis of attention to the principle of consolidation in the foundation of the family—seeks to present an overall picture of the status and position of the family from the perspective of religion and Sharia by examining Qur’anic verses, narrations, and the views of jurists and legal scholars. The research method is descriptive-analytical. The findings of the study demonstrate that the principle of “family consolidation” in jurisprudential inferences yields different results under two conditions: the existence or nonexistence of explicit religious texts. In the case of explicit texts, the moderate and prevailing view emphasizes simultaneous attention to the centrality of Sharia texts and the principle of consolidation as one of the objectives of Sharia. In the absence of explicit religious texts, in addition to general rules such as the principle of “no harm,” the criteria of rulings, as well as fundamental principles and values, can serve as a basis for religious rulings. The utilization of the capacity of the principle of family consolidation is possible simultaneously in the two arenas of legislation and the conclusion of marriage contracts, along with their associated stipulations.