Document Type : Original Research Article
Author
گروه حقوق،دانشکده حقوق و علوم اجتماعی،دانشگاه پیام نور ،تهران ،ایران
10.22034/icwj.2026.599574.1083
Abstract
Abstract
Family law is considered one of the most fundamental areas of law in the Islamic legal system, because in Islamic thought, the family is the center of human personality formation, the transmission of moral and religious values, and the basis for achieving peace and psychological security. However, rapid social, cultural, economic, and technological developments in the contemporary world have posed new challenges to the institution of the family and the traditional rules governing it. The present study aims to analytically examine the capacities of Islamic family law, relying on the teachings of the Holy Quran and Imami jurisprudence, in facing these challenges, and also to provide solutions for its dynamism and efficiency. The research method is descriptive-analytical and based on library and documentary sources. The findings of the study show that Islamic family law, especially within the framework of Imami jurisprudence, has a significant capacity to respond to emerging issues due to its use of reliable sources of inference such as the book, tradition, reason, and consensus, as well as dynamic tools such as ijtihad, expediency, custom, hardship, harm, and the role of time and place. However, in the field of legislation and implementation, some issues such as the age of marriage, custody, divorce, dowry, alimony, temporary marriage, and the redefinition of the roles of spouses are still a place of challenge and conflict between traditional perceptions, new social realities, and contemporary justice-oriented requirements. The conclusion of the study is that change in Islamic family law is inevitable, but this change must be carried out within the framework of the fundamental principles of Sharia, with a purposeful approach, and relying on the dynamic ijtihad of the Imami jurisprudence, so that while protecting the family entity, the dignity and rights of all its members are also guaranteed.
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