Analyzing the place of the Governmental Voluntarism and the divine voluntarism; Thought on Legal Validity in the Family Law System of Iran

There is no doubt that in the field of personal status, including family law, legislator's will is the basis of the validity of legal norms in the Iranian legislative system. However, territory of family has never been secured against government intervention due to social and economic developments. The main question in this research is the analysis of this intervention and its credit effects. Thisintervention can be expressive and thus the law can be regarded as the only instrument for stating this regulation which hasderived from the will of legislator, but, sometimes the law is an instrument for creating a legal ruleand in this case that the relationship between the will of the legislator and the will of the government is of considerable importance and causes some challenges and questions. For example, what effect does the rule of necessity of registering permanent marriage have on marriage? Is the effect of this rule merely positive or should it be considered affirmative? Thisstudy attempts to analyze the four roles of state in the legislative system, namely select of a subject and,recognizingsecondary titles, choice of legal rules,supervision and ensuringand finally establishmentof rules apply to behavior between spouses, how their rules of family are conformed with the social facts and offering some solutions to overcome some of existing legal challenges in this field.