چکیده:
Some laws and judicial procedures in family law not only contradict the legislator's goal of forming a family and the interests of the family, but also cause various social harms. Therefore, it is necessary to examine the social consequences of each law in the context of society. Paragraph B of Article 80 of the Seventh Five-Year Development Plan speaks of "reforming laws and regulations and improving the governance system in order to promote family-centeredness." To achieve this, the method of deducing family rulings, legislation, and implementation must be reviewed by considering the social consequences of each law. It seems that the most important solution is to pay attention to the limits and limitations of expediency and use it in deducing and implementing rulings from the path of government rulings. The ruling of reason and the foundation of reason in the ignorant's appeal to the learned reveals the necessity of using the achievements of social scientists as a reference for determining expediency. In fact, the necessity of changing family laws in line with social interests indicates the necessity of conducting credible interdisciplinary research for greater coordination between laws and social interests. This research claims that based on the interests of the family and society, special reforms should be made in family-related laws through the interaction of social sciences and family law. In this regard, it identifies emotional divorce as one of the social harms and pursues expedients according to the scientific achievements of social sciences and suggests solutions to the legislator.
خلاصه ماشینی:
” This writing, under this broad claim that the expediency of the family and its members, and even society, requires significant reforms in family laws, and this is facilitated through the interaction of social science findings and family law, addresses emotional divorce.
Especially since in clause 7 of the general policies of the family, which is actually addressed to lawyers, Interaction between Social Sciences and Family Law Based on Expediency Case Study: Emotional Divorce 2 Mahdieh Mohammadi Iraqi 1 | Abbas Kazemi Najafabadi 1.
Keywords: Family Law, Expediency, Governmental Ruling, Emotional Divorce, and Social Sciences.
This means that the legislator should obligate judges that if one of the spouses requests a divorce based on emotional divorce, and in referring to the family court counseling center, the experts diagnose it as type one or two, the judge should obligate the spouses to several mandatory and free counseling and couples therapy sessions at the same counseling center under the supervision of specialized counselors.
In fact, the legislator should recognize the counseling center, which consists of experts in various fields of social sciences according to Article 17 of the Family Support Law approved in 1392 (2013), as the rational foundation and authority for diagnosing the best interests of the family and society in family courts.
Therefore, one of the very important points regarding emotional divorce is that, in addition to the legislator recognizing it, they should also obligate family law judges to consult and interact with social science experts for its diagnostic authority.
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