Approaches and mechanisms of Practicing Ethical Rules in “Protection of Family“ Bill

Subject Areas : All jurisprudential issues

seyd Abolghasem Naghibi ¹

1 - دانشیار گروه الهیات و معارف اسلامی، دانشگاه شهید مطهری، تهران، ایران

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2009-03-21

Keywords: Ethics, Law, family law, protection of family bill, ethical&#x0D, &#x0D, rules, legal rules,

Abstract :

Family is the most essential and the most important human beinggroup with the longest historical record. Love of wife and husbandtoward each other and the affection of parents towards children arethe origin of the formation of the first social institution each ofwhose members experience ethical and legal solidarity preparingthemselves for entering the society. Wife and husband minglemorality with love in order to pave the ground for promoting thelevel of the quality of their emotional life and provide anatmosphere rich in unity and solidarity towards physical andspiritual growth of children. Thus ethical teachings should beconsidered the most important source for the dynamism of thefamily governing the emotional and social relations of its members.Some of ethical rules and teachings have gradually been manifestedas legal rules. The duty of spouses in good behavior and associationand their collaboration towards strengthening the foundations of thefamily and bringing up children is a legal proposition manifested inthe context of the development of ethical rules. The influence ofethics on the legal rules of family law is so wide and deep thatethics should not only be considered as the constituent elements offamily law, but it may be considered first and the foremost in thisfield. Ethical rules play their role in strengthening the foundationsof family to the same extent that they have a role in its formation.Thus ethical rules are a support for the protection of familyinstitution. Recommendation to peace and reconciliation throughfamily counseling centers and the institution of arbitration,implementing justice between the wives, separation and divorce ina moral way, are among the ethical approaches in the “protection offamily “bill. Implementation of ethical rules and principles in caseof a legal vacuum, provision of specialized prosecutors office of thefamily , family police, and the institution of family social workersfamiliar with ethical and social skills are among the mechanisms ofinstitutionalization of ethical obligations absent in the protection offamily bill.