Examining the factors involved in family disputes from a jurisprudential and legal perspective

Abstract

Family law in Iran is based on Imami jurisprudence, and after the Islamic Revolution, several amendments were made to the laws related to this area in order to further Islamize it. Today, the Iranian family finds itself caught in a conflict between the Iranian-Islamic lifestyle and modernity. On the one hand, it is faced with a lifestyle that is rooted in history, culture, and religion, and on the other hand, it is faced with a modern lifestyle that not only has some attractions but is also imposed on it out of necessity and must adapt to it. Law, as a systematic science that regulates social relations that have legal effects, must provide these relations with legal regulation and find an appropriate response to them. One of the solutions to maintain family stability when family disputes arise is to refer to arbitration. Referral to arbitration allows couples to use the valuable experience of competent and experienced people and not change the fate of their lives with insignificant and repairable troubles by suddenly deciding to divorce. According to the Holy Quran, the reference to arbitration is when there is fear of a rift between the spouses. The rift has a wider scope than cases in which, even without a disagreement, the man attempts to divorce the wife, or the woman alone or the couple together requests a divorce by mutual consent.