Quran and Medicine

Quran and Medicine

The Legal System Governing the Enforcement of Family Laws

Document Type : Original Article

Authors
1 PhD Student, Department of Private Law, Faculty of Humanities, UAE Branch, Islamic Azad University, Dubai, UAE.
2 Professor, Department of Private Law, Faculty of Humanities, Kharazmi University, Tehran, Iran (Invited by Islamic Azad University, Dubai, UAE)
3 Assistant Professor, Department of Private Law, Faculty of Humanities, Zanjan Branch, Islamic Azad University, Zanjan, Iran (Guest Islamic Azad University, Dubai, UAE).
Abstract
Purpose: Identifying and enforcing the rulings on family lawsuits is very important in terms of the relationship of many of them to public order and good domestic morality.
Materials and Methods: This research is a library method.
Finding: In identifying and enforcing family judgments, in addition to the conditions set forth in the Civil Code and the Civil Judgments Enforcement Law, elements such as citizenship, the couple's residence, the marital-parental relationship, and the religion of the parties to the lawsuit play an important role. Analyzes indicate that the legislature has left significant ambiguities in this regard by delegating the enforcement of this category of judgments to the general enforcement of civil judgments, as well as the need for the judiciary to explore conflict resolution rules. However, the Family Protection Act of 2011, only for the crime committed by the notary public without the existence of enforceable sentences, has considered only a very small dimension of identification and implementation of these sentences.
Conclusion: In dealing with rulings in family litigation, judges should consider elements such as the nationality of each of the litigants, their marital or parental relationship, in addition to applying a limited control system; This has been challenging in some cases; Therefore, it is necessary to remove the ambiguity of the existing laws and increase the level of awareness of judges on how to deal with such rulings.
Keywords