The obligation of couples to "assist" in establishing the foundations of the family and raising children (Jurisprudential review of Article 1104 of the Civil Code)

Articles in Press

Document Type : Original Article

Author

Dr. Mansour Amirzadeh Jirkoli assistant professor at Department of Jurisprudence and Principles of Islamic Law, Torbat-e Heydarieh Branch, Islamic Azad University, Torbat-e Heydarieh, iran

Abstract

Establishing the foundations of the family and raising children is one of the fundamental concerns of Islam and Islamic jurisprudence, which is well reflected in the relevant laws. According to Article 1104 of the Civil Code, "spouses should help each other in building the foundations of the family and raising their children". This legal article is dedicated to the relations, duties and non-financial rights of couples. The purpose of writing the article is to explain the issue of support for spouses and to examine whether or not they are required to support from the point of view of jurists and jurists. The research method in this article is descriptive and analytical. Jurists and jurists have different opinions regarding the nature of support for spouses (Article 1104). Some believe that the mentioned article has a legal aspect. A group of jurists believe that the provisions of the article are moral. The most important results of the article are: the link between ethics and jurisprudence in the issue of spousal support, and the influence of ethics on jurisprudence propositions, is clearly evident; The loyalty of couples towards each other helps a lot in building the foundations of the family. Raising children by parents is a task assigned to parents by Sharia and law, and couples are obliged to cooperate with each other in this field. In some cases, the violation of assistance has the guarantee of criminal and civil enforcement, which indicates the government's interference in the family institution,

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Main Subjects

Women's Strategic Studies

Articles in Press, Accepted Manuscript
Available Online from 18 September 2023

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