چكيده لاتين
The present study aims to examine and compare the jurisprudential, legal, rights and mutual obligations of spouses in the two Islamic countries of Iran and Syria. The family has a special place in both systems as the most fundamental social and moral institution, and the laws related to it are based on Islamic teachings and verses of the Holy Quran, especially verse 21 of Surah Ar-Rum, which emphasizes the principles of affection, mercy and peace.
This study, using a descriptive-analytical method and using library tools, first explains the jurisprudential and legal foundations governing the relationship between spouses, and then, in two sections, financial rights and non-financial rights, examines the articles of the Civil Code and family protection in Iran and the Personal Status Law in Syria.
The findings of the study show that both legal systems emphasize the necessity of good social relations, the obligation of maintenance and the legitimacy of dowry, and the roots of these similarities can be found in a common source of inspiration, namely Islam and the Holy Quran. However, the differences are seen to be due to different jurisprudential interpretations and the way in which Sharia principles are applied to contemporary social realities; which is due to the legislative approach. For example, Iran has tried to include most jurisprudential rights such as Muʹadhed and Nahla in the law, but in Syrian law, sometimes some issues are included in the law in a hidden way; another difference found in this research was the issue of the relative independence of special obedience from maintenance, which is due to the Hanafi jurisprudential approach and has a background and depth that is beyond the scope of this research. Overall, both systems, despite the differences in their legislative structure and jurisprudential foundations, are aligned in the ultimate goal of strengthening the foundation of the family, achieving gender justice within the framework of Sharia, and protecting the human dignity of men and women. Therefore, this research can be a small step towards mutual modeling of Islamic systems from each other, including the two countries under study, which, due to their common jurisprudential roots, can, by taking advantage of each otherʹs common strengths, which are the jurisprudential issues legislated in the legal system, take action to realize the rights of as many individuals as possible; to formulate laws in the field of their family.
