نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانش آموخته سطح 4 حوزه علمیه قم/ استادیار دانشگاه لرستان/
2 سطح چهار رشته فقه خانواده (حوزه امام حسن مجتبی تهران)
3 دکتری الهیات و معارف اسلامی ، دانشگاه تهران، تهران، ایران
4 دانشجوی دکتری ، گروه فرق تشیع، دانشگاه ادیان و مذاهب، قم، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The family is the oldest social institution among mankind, which is considered as the smallest unit of any society, this credit unit among human societies has rights that must be respected; But the government, as the largest unit of the society, interferes in family affairs in order to observe the family rights. Lawyers and sociologists have put forward views in this field. What are the maximum interference of the government in the family from the point of view of jurisprudence and law? Based on this, the result of this research indicates that with the help of the rule of guardianship over abstinence, their jurisprudential bases have been explained and that the rule has three functions in family law: the husband's refusal to pay alimony, staying away from his wife and harassing his wife, and the bases Their rights include preserving the interests and national security of the country, the insignificance of individual rights and freedoms, etc., from the point of view of the schools and advocates of democracy, as well as the opponents of the globalization of the welfare state, this point of view and the welfare state introduce fundamental problems and criticisms. and that this theory has consequences such as the formation of the second wave of feminists, etc.
کلیدواژه‌ها [English]
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