Abstract:
Stability and instability of family, as the most important and fundamental social
organ, has significant effect on the destiny of a society. The increasing rate of
divorce, including legal or emotional ones, is a major social dilemma where the
role of family cannot be ignored in fixing it. This is a problem that can be solved
by altering the approach of lawmakers i.e. an approach based on 'Consolidation
Principle' leads to the stability of family. In other words, this as a general legal
principle has been in line with the Sharia law. Based on this principle, whatever
causes the family stability is accepted and is in accordance with the religious
decree and whatever leads to instability and shakiness of the family foundation is
hateful and unaccepted. The consolidation principle is based on rationality,
expediency, notoriety and necessity. Similarly, this principle, in clerical way from
accessories to totalities, is based on the holy Qur’an and Islamic Traditions.
Machine summary:
The Place of Consolidation Principle in Family Law Ali Reza Barikloo1, Zahra Al Eshaq Khueyni2 Received: 2017/9/28 Accepted: 2018/9/15 Stability and instability of family, as the most important and fundamental social organ, has significant effect on the destiny of a society.
The problem the current paper tries to deal with is the Consolidation Principle in Constitutional Law. This has been mentioned as a general principle in the family domain and that through the Qur’anic verses and Traditions demonstrate the importance and needed to be paid attention implicitly.
With regard to Islamic principles toward the marriage and divorce, as well as pre-marital, marital and separation stages, it seems that Sharia viewpoints are there for each as long as there is possibility of the family foundation.
J. Humanities (2018) Vol. 25 (1): (19-37) The role of the general legal principles in selecting the best method to execute rules and likewise to execute juridical orders should not be neglected.
It is said in Tafsīr Majmaul-Bayān that ‘stable treaty’ (peymān-e ghalīz) means any good deeds a man does in relation to his wife or 22 The Place of Consolidation Principle in Family Rights…_ Intl.
Though in Islamic references there is not a proper text for the Consolidation principle, but we access an overall principle with the study Qur'anic verses and traditions in the family domain according to which whatever leads to the stability is in line with sharia and everything that causes instability is rejected.