Modern Jurisprudence and Law

Modern Jurisprudence and Law

Reviewing and criticizing the theory of minimal government intervention in family law

Document Type : Original Article

Authors
said khodadadi 1
hosein ranjbar 2
ali salehi 3
Jamal Fallah Tafti 4
manoochehr khodarahmi 5
1 / دانش آموخته سطح 4 حوزه علمیه قم استادیار دانشگاه لرستان
2 daneshkade mazaheb
3 Ph.D. student of Science and Quran and Hadith / Razavi University of Islamic Sciences
4 Doctoral student, Department of Shiism, University of Religions and Religions, Qom, Iran
5 phd
10.22034/jml.2024.2014796.1325
Abstract
The extent of the government's intervention in family rights is a topic that has been debated by thinkers and different views have been presented about how to apply this intervention. The view of minimal intervention in terms of historical assumptions considers the family as a private institution that limits the role of the government to the support and protection of the family system. On the other hand, some consider the government's intervention to be completely based on rationality in terms of the special functions of the family system and the provision of social damage in this institution. Another point of view, which is a combination of two common points of view in this field, tries to recognize the elements of the ideal family, part of which is related to the way the government intervenes. In this article, in a descriptive and analytical way, the answer to this question is sought: what are the foundations of the view of minimal government intervention in the family from the point of view of jurisprudence and law? Based on this, this research indicates that the characteristics of the ideal family require the intervention of the government, which is minimal intervention at the same time as all-round support.
 
Keywords
 minimal intervention
government
family rights
basics

Subjects