Policy of Reviewing, Reforming and Complementing the Legal System and Judicial Procedures with a Focus on Reason and Way of the Wise in Resolving Family Disputes

One of the general policies of the family that the Supreme Leader has announced after consulting the Expediency Discernment Council is to review, reform, and complete the legal system and judicial procedures in the field of the family, in accordance with new needs and requirements and with the aim of consolidating the family. Given the rise of rationalist currents with emphasis on the place of reason and way of the wise among the sources of the family law system, in this article, we examine whether these two elements can be used as a rationale for reviewing, reforming, and completing the legal process. The use of these sources in the family law system due to the special nature of the system, such as the penetration of morality in it and the lack of guarantee of implementation in some rulings such as the obligation to sexual obedience, has created a great deal of ambiguity, to the extent that doctrine and courts have not dealt with it properly and no rules have been laid down to clarify it. Therefore, recognizing the position of these sources in the family law system as an important part of the legal system, the judges' correct use of them, and explaining the above legal policy is of indescribable importance.