نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Custom, as one of the important legal and social resources, plays a decisive role in regulating family relations and mutual obligations of couples. Many marital duties and responsibilities, beyond what is stipulated in civil or religious laws, are shaped by the customary norms and expectations of society. By explaining behavioral expectations, ways of expressing responsibility, and types of everyday interactions, custom takes the obligations of couples beyond the level of formal regulations and institutionalizes them in the context of culture and society. On the other hand, custom can play a role in interpreting and supplementing laws; in such a way that courts sometimes refer to local custom in handling family disputes. The lack of coordination between custom and law or rapid changes in social customs may cause challenges in adhering to marital obligations. Therefore, examining the role of custom in the obligations of couples shows that this social element, along with law and religious law, provides the real basis for the realization and continuation of the family institution.
The research method of this research is descriptive-analytical and is carried out by relying on library resources, legal documents, religious texts and sociological studies.
The research approach is interdisciplinary, combining legal, jurisprudential and sociological perspectives to examine the role of custom in the mutual obligations of couples
