The Effect of Common Law ( urf) in Spouse's Rights

In the definition of spouses’ rights, common law is considered as an effective factor. Clarification of such rights may help the strengthening of family foundations,while the lack of clarification may be an adverse factor in the establishment of family life. Hence, disregard for the role of common law in the definition of spouses’ rightsoften creates fundamental challenges and problems in society. The term common law (‘urf) in the Holy Quran mostly relates to family rights and regulation of relationsbetween spouses. Prophetic and imamic traditions (ahadith??) also place emphasis on family rights. With regard to public opinion, verbal and logical reasoning, the position of common law is clear in spouses’ rights. This is why in judicial procedure of family rights the issue of custom or common law is considered fundamental. In this article, the role of common law in financial and nonfinancial issues of family and spouses’ rights is extensively studied. Specification of the role of common law in this regard may create basic changes in legal issues of family rights, which subsequently may lead to great changes in legal issues that have to be considered by legislature.