The Principle of Family Consolidation in the Iranian Legal System: A Balance Between Legal and Executive Policymaking
Keywords:
Principle Family strengthening, Iranian legal system, legal policymaking , implementation challengesAbstract
The principle of family consolidation occupies a central position in the social and legal system of Iran as a foundational element of sustainable cultural and social development. Supralegal documents and national legislation have established a multilayered framework aimed at supporting, stabilizing, and promoting the institution of the family. This framework encompasses comprehensive cultural, educational, economic, medical, and institutional strategies with objectives such as facilitating marriage, reducing the risks associated with initiating marital life, empowering families economically, promoting childbearing, controlling illegal abortions, and strengthening educational and legal infrastructures related to children and families. Despite the formulation of these strategies, an effective balance between legal (legislative) and executive policymaking has not been achieved. Challenges such as intersectoral incoherence, fragmentation of resources, insufficient attention to the quality of family relationships, and cultural and social constraints have diminished the effectiveness of legal policies. Therefore, realizing strategic objectives requires a redesign of the executive system: revising regulations with clarified responsibilities, ensuring sustainable resource allocation, fostering institutional coordination and continuous oversight, improving the quality of education and counseling, and establishing scientific performance evaluation systems. Strengthening economic, social, and cultural supports alongside safeguarding individual rights and the cultural diversity of families not only leads to the stabilization and sustainability of the family institution but also facilitates the achievement of goals related to the prevention of family disintegration and the promotion of family excellence, thereby establishing a genuine balance between legal and executive policymaking.
Downloads
References
Āl-e Eshāq Khū'īnī, Z., & Bārīklū, A. (2022). Resolving Women's Legal Conflicts in the Family Context Based on the Principle of Consolidation. Quarterly Journal of Fiqh and Family Law, 37(76).
Āqdāghī, M. (2019). A Critical Rereading of the Cultural Engineering Map Document with Emphasis on the Principles of Cultural Policy-Making in the Prophetic Tradition. Scientific-Research Quarterly of Religion and Cultural Policy(12).
Bārīklū, A. (2008). The Necessity of Legal Protection for Women in the Marriage Contract. Private Law Thoughts, 5(12).
Fakūr, H., & Kūkabī, S. F. (2022). The Law on Family Support and Youthful Population and its Negative Impacts on the Right to Health. Quarterly Journal of Child Law, 4(14).
Ḥabībī Tabār, J., & Farāhānī, A. (2015). The Family Protection Law and Effective Enforcement Guarantee Regarding the Husband's Non-Compliance (Nushūz). Journal of Islamic Studies on Women and Family, 2(1).
Ḥasan Zādeh, S. (2013). Factors for Family Consolidation in Islamic Culture. Quranic Teachings Research Journal, 4(15).
Ḥoseinī, A. (2009). Family Consolidation in Quranic Teachings. Strategic Women's Studies, 13(25).
Ḥoseinī Kūhsārī, S. E. (2003). General Foundations of Women's Rights in the Family. Legal Thoughts, 1(5).
Ja'farī Tabār, H. (2008). "Romantic Law" Versus "Sexual Fulfillment Law": A Discussion on the Philosophy of Family Law. Quarterly Journal of Private Law Studies, 38(1).
Moḥammad Taqīzādeh, M. (2016). The Position of the Principle of Expediency (Maṣlahat) in the Islamic Legislative System and its Application in Family Law Tarbiat Modares University].
Moṭaharī, M. (2003). The Principle of Justice in Islam (Vol. 4). Sadra Publications.
Moṭaharī, M. (2007). The Issue of Hijab. Sadra Publications.
Rūstāyī, M., & Moqaddasī, M. B. (2022). Evaluating Population Policies in the Context of Criminalization Principles; with Emphasis on the Law on Family Support and Youthful Population. Journal of Criminal Law and Criminology Research, 10(20).
Shahābī, M. (2023). François Gény and the Foundations Governing the Codification of Substantive Law: A Reflection on the Interaction of Metaphysics and Reality in the Creation of Family Substantive Law. Private Law Studies, 53(1).
Taqīzādeh, A., Khalīl, M., & Sayyedeh Sārā, M. (2025). Capacity Assessment of the Law on Family Support and Youthful Population in Achieving General Social Security Policies; with Emphasis on the Subject of Childbearing. Legal Researches Journal, 24(61).
Yāvarī, Z., Ebrāhīm, Y., & Khazā'ī, A. R. (2024). Governing Principles of Health and Family Foundation Consolidation from the Perspective of Fiqh and Substantive Law. Interdisciplinary Fiqh Studies Quarterly(17).
Downloads
Additional Files
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 2025 Fatemeh Jafarzadeh khoorjestan (Author); Fariba Hajiali (Corresponding author)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
