دانش پژوه سطح4 فقه خانواده ، مدرسه علمیه تخصصی رفیعه المصطفی تهران
Abstract
The strength and consistency of any family depends on the existence of good character and good association in the relationship between the spouses. Although this matter can be proved by reason, but there are orders in this regard in Sharia as well. The current research aims to answer the question of whether the legislator can include ethics in the scope of law and make moral teachings in the form of law in the laws related to the family. First of all, by listing some examples of good company, it can be seen that the good company mentioned in the noble verse "Aasherohunna bealmaaroof" is a two-way social concept and it is obligatory for every couple to practice it. These examples sometimes have a legal and sometimes a moral aspect. According to the special characteristics of the family, such as the emotional nature of relationships based on kindness and mercy, legal guarantees in this area do not have their desired function, and the maintenance of the family will depend on the moral conduct of the members. On the other hand, due to the fact that the characteristics of legal rules are to have a guarantee of implementation, the legislator cannot directly approve moral teachings in the form of law. Therefore, it seems that the legislator can provide a major help to the strength of the arbitration institution by providing the institution of arbitration and formulating additional rules to solve the issues related to the family.
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