The Scope of Authorities of Government in Regard with Family in View of Allameh Tabataba’i

Nowadays, the governments in every sovereignty domain are seriously concerned about the supporting of family and the issues related to it and they consider the exertion of power in some aspects of it to be their own authority domain. The question is whether the Islamic government can do policy making and limit the will of people based on the expediency of person, family and community from his domain of authority with the aim of implementation and in line with the present decrees. Whatever has been stated in the jurisprudential texts are the responsibilities and authorities defined for the government in the domain of settling the hostility in case it happens; however, are the other issues assigned to people based on their will and want or their conformity or the legislator has not assigned any obligatory decree in favor of people or else that obligatory decree is in the authority domain of government, the issues like the age of marriage, consideration of hygiene, registration of marriage, divorce, birth of child, amount of dower and maintenance, giving birth and its number, custody, polygamy, naming as well as profession of children. Allameh Tabatabaee in opposition to the kind of jurisprudents and interpreters has emphasized on the right of governor or Islamic government concerning the meddling in the domain of people’s authorities including family affairs. Moreover, the theory of ‘Mantaqat ol- Faraq’ by Ayatollah Sadr has been the continuance and in line with this very approach and apparently it has been originated out of it, although the view of Imam Khomeini is exceeding compared with those of the two thinkers. Nevertheless, Allameh Tabatabaee’s view is considered as a useful matter and a key point towards the management of community and in regard with the family issues. This article is an analytical report of his view and its comparison with those of Ayatollah Sadr and Imam Khomeini.