The Role of Difference between the Genders of Couple in Marriage in View of Internal and Western Law

In the present writing, it has been reported the position of Iranian law system regarding its main foundation that is jurisprudence of Twelvers related to role of difference between the genders of couple in marriage. Afterward, it has been done a comparative study by considering the latest achievements of law in the western countries and referring to the international documents. In this regard, it has been observed a gradual change in some of the western law systems on this issue, its reasons as well as the amount of consistency of whatever is connected to reality and whatever is advertised and finally it has been concluded that in the jurisprudence of Islam, Iran’s law system and that of many countries of the world and even some important international documents in line with the theoretical and applied faithfulness of all the people in the world consider the necessity of difference between genders of couple as an inevitable issue and its explicit stating is required in our civil law as well as in the present status of the world.