Principles governing the settlement of family disputes with the approach of restorative justice

فقه و حقوق خانواده

Zahra Lamee¹  Zahra Mina² 

[1] Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Refah university, Tehran, Iran;دانش آموخته کارشناسی ارشد حقوق خانواده دانشکده رفاه، تهران، ایران;

关键词: arbitration;    family disputes;    compromise;    restorative justice;   

DOI  :  10.30497/flj.2021.239054.1569

来源: DOAJ

【 摘 要 】

The family is the infrastructure of human society and the main focal point of the individual's development and uprising. According to the Tenth Principle of the Constitution, all the relevant laws and regulations and plannings ought to be in the direction of simplifying the formation of family and strengthening the familial relationships on the basis of the Islamic Law and Ethics. Nevertheless, like any other institution, there may happen disputes in the family. In such cases, one shall eandeavor as much as possible to settle the disputes in way to avoid any damage to the valuable position of the family. In our laws which are adopted from the Twelver Shiite Jurisprudence, there exist potentials to which either of the parties to a claim may resort in stead of referring to a Court of Justice. It is noteworthy that the Rehabilitative Justice, as a paradigm for settlement of disputes, tries to engage the parties to a dispute in the process of its settlement and to create an environment of dialogue and compensation in order to lay out a reasonable path to settle the disputes. Therefore, paying attention to this approach for the settlement of fanilial disputes is an undeniable necessity. In this research, having confirmed the rehabilitative adjudication of familial disputes, the writer evaluates the effective solutions for their settlement

【 授权许可】

Unknown