Journal of Woman and Family Studies
The Capacity of Family Governing Principles to Resolve Family Conflicts
Document Type : Research/Original/Regular
Authors
1 PhD student in Women Studies (Woman Rights in Islam),Tarbiyat Modares University, Tehran, Iran
2 Assistant Prof., Department of Law, Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran.
3 PhD of Islamic Sciences and Education, Jurisprudence and Principles of Qom Seminary, Senior Member of Seminary Professors, Former Faculty of the Department of Women's Studies, Faculty of Humanities, Tarbiat Modares University, Tehran, Iran.
Abstract
In the present era, one of the reasons for the family crisis is the non-systemic view of the family and the principles that govern it. The purpose of this study is to investigate the capacity of the principles governing the family in resolving family conflicts. so, after enumerating the principles governing the family and examining the place of these principles in organizing the monotheistic legislative system, the indicators expressing the rights arising from these principles and the effects of violating these principles and the rights arising from them were extracted. Then, by reviewing previous researches, family injuries and effective causes of these injuries were extracted. Finally, the indicators derived from the principles and effective causes of family injuries were compared and analyzed.
In this study, the qualitative method has been used in a descriptive-analytical manner. The method of collecting information has been in the form of documents and libraries. Research data were also processed using qualitative content analysis technique.
The results of the research indicate that most of the causes of family disputes with the effects of violation of principles have a common semantic space and in fact are in conflict with the rights of principles. Therefore, the causes of family problems are also in conflict with the principles. Hence, the violation of the principles governing the family has caused many family problems. Therefore, it is suggested that authorities provide the ground for the implementation of these principles in the family through policy-making, codification of laws and culture-building.
Highlights
The results of the study suggest that most of the causes of family conflict with the effects of violation of principles have a shared meaning and are indeed contrary to the rights deriving from the principles. Therefore, the causes of family problems also conflict with the principles from which these rights are derived. Hence, it is the violation of the family principles that caused many family problems, and practicing these principles will lead to the resolution of family conflict.
Keywords
- Monotheistic legislative system
- principles governing the family
- legal relations between couples
- resolving family conflicts
Main Subjects
Extended Abstract
Background and purpose
From an Islamic perspective, the family is a private privacy, a sacred center, a haven for human beings in all dimensions, and the origin of growth and development (Mirkhani, 2015). The nature of such a family is not compatible with its Obligatory rights and rules, and laws have little effect on regulating it (Katozian, 2015) because what bonds family members together is a sense of cooperation, not a sense of power seeking and exploitation. Thus, family rights cannot be justified simply from an individualistic perspective and only explain the spouses’ rights and tasks towards each other and towards their children. Instead, family law aims toward other important goals that cannot be analyzed in this framework, and to recognize it, one must pay attention to the benefits and corruption, and opinions of the legislator (Hekmatonia et al., 2007).
In the monotheistic legislative system, the scope of minor rules and laws in the family derives from the Sharia’s purposes, the principles governing divine legislation, and pre-knowledge such as the principles and rules governing the family, all of which formed with the focus on monotheism and resurrection. Thus, understanding the family legal system is not possible without considering this comprehensiveness and pre-knowledge, including knowledge of the principles governing the family.
Today, the family is facing so much damage that the resulting crises that have taken place have jeopardized this intimacy base. Therefore, scholars have always sought solutions to resolve family conflicts and prevent family dissolution. In fact, a non-systemic and reductionistic view of the family and neglecting the principles that underlie the family is one of the reasons for the family crisis. Hence, this study aims to investigate the capacity of principles governing family in resolving family conflicts. For this purpose, by recognizing the place of the family's principles in organizing the monotheistic legislative system, we aimed to study the effect of these principles on the couple rights and duties and the consequences of neglecting them in the couple.
Method
In this study, a descriptive-analytical method has been used. The data collection method was based on documents and libraries. To achieve the study objectives, by referring to the opinions of experts and scholars such as Ayatollah Javadi Amoli (Javadi Amoli, 2012), Dr. Mahmoud Hekmatonia (Hekmatnia, 2017), and Dr. Ezzat Sadat Mirkhani (Hamedanian and Mirkhani, 2011), the family principles were derived. To investigate the different dimensions of these principles, we purposefully referred to (Mohammadpour, 2013) verses and narrations related to family principles, as well as the commentators and experts' opinions on these principles, and texts related to the research purposes were collected
The collected data were analyzed, and indicators of the rights adopted from the family rules (based on women's rights) and the effects of violations of the family principles and the resulting rights were extracted. Then, previous research results were used to identify family problems and injuries and the contributing causes of these injuries. For this purpose, the keywords Causes of Increased Divorce, Family Injuries, Emotional Divorce, Family Conflicts and Problems, Marital Infidelity. Domestic Violence, and Spousal Abuse were searched in databases of Normgaz, Magiran, Civilica, Irandoc, and Scopus, and 24 article and 6 dissertations from 2011 onwards were reviewed, which addressed the family issues and their causes, Finally, the previous research results and the extracted indicators were compared and analyzed.
Results
In any comprehensive and accountable system, there should be principles, pillars, rules, and criteria that the methodology of details is based on these principles and pillars (Javadi Amoli, 2012). Therefore, in the family legal system, which is part of the divine legislative system, principles such as theism, precedence of collective interests over individual interests, the principle of calmness and peace, non-inconvenience and loss, behaving reasonably, forgiveness, peace and reconciliation, and mutual consultation and consent prevail. These principles establish rights for each spouse and assume responsibility for them; ignoring these responsibilities will violate the principles. In fact, God Almighty has softened the family's legal issues by validating the principles governing the family through moral standards; In this way, the family becomes a place for the crystallization of self-dignity and human virtues and perfections.
According to the results of research on the pathology of family issues, increased divorce rates, increased the age of marriage, reduced fertility rate, reduced marriage, marital infidelity, violence and spousal abuse, addiction, emotional divorce, etc., are among the issues that face family with a severe crisis. According to the results of previous studies, some of the influential causes in the occurrence of such injuries are the preference of individual desires over collective desires, lack of sufficient enough time to express love and affection to the family, pertinacity, unresolved emotional problems, low marital commitment, lack of consultation, lack of empathy, lack of mutual respect and understanding, lack of honesty and trust, lack of appropriate affect expression, lack of clear articulation of wants negative feelings, sexual disorders, and deviations, etc. By comparing the effective factors in the emergence of family conflicts and injuries with the rights deriving from the family principles and the examples of violations of these principles, the conflict, and contradiction of the conceptual space of the causes of problems with the rights deriving from the principles were revealed.
Conclusion
The results of the study suggest that most of the causes of family conflict with the effects of violation of principles have a shared meaning and are indeed contrary to the rights deriving from the principles. Therefore, the causes of family problems also conflict with the principles from which these rights are derived. Hence, it is the violation of the family principles that caused many family problems, and practicing these principles will lead to the resolution of family conflict.
Ethical considerations
Compliance with the research ethics
This study was conducted under the human research ethics.
Funding: The present study was not sponsored by any organization or individual.
Authors' contribution: The corresponding author was Nayereh Ahmadi and was responsible for researching and writing the article. the second author was Elham Shariati and was responsible for the scientific editing of the article the third author was Ezzat Sadat Mirkhani and was responsible for the scientific editing of the article.
Conflict of interest: The authors declared that there is no conflict of interest with any person or organization.
Acknowledgments: Researchers appreciate all the couples who helped us in this research by their participation in the study.
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