مطالعه تطبيقي حقوق و تكاليف متقابل زوجين در ايران و سوريه

Comparative study of the rights an‎d obligations of spouses in Iran an‎d Syria

فرهنگ و تمدن اسلامي

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.

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