The Basics of State Intervention in the Family Institution in the Iranian legal system

There are controversial ideas and approaches about the state intervention in family institution. One of these approaches believes that the family institution is excluded to private law and interference in family institution by state is not permissible. In contrast, the other approach assumes that the family has a dual nature (both private and public). Thus, it permits the state intervention in public nature of the family. Considering this latter approach, the scope and scale of state interference in family institution is different based on the variations of the legal systems’ basics. This research tries to answer this question: “what are the basics for state intervention in the family institution in the Iranian legal system” based on Descriptive-analytical method. In response, jurisprudential basis of state intervention in family institution such as public interests, system protection and legal requirements like public order and the principle of proportionality has been investigated. According to desired intervention theory – which focus on the least intervention and most protection of the family by state- the state intervention in the family institution is legitimate in Iranian legal system.