Moralism not Legalism: Share of Ethics in Family Legislations

Family is the center of love and kindness and the laws and regulations shall not interrupt this sacred institution, because no legislator may levy indispensible laws to offer love and kindness and force the family members to love. Hence, Article 10 of the Iran’s Constitution regards the ethical share in the family and planners are recommended to simplify the family formation procedure.In fact, family is formed based on traditions, beliefs and morals and the share of these beliefs and ethics compared to the laws and regulations is crucial and wherever the legislator manipulates the fundamentals of the family, damaging results are manifested. This paper is an attempt to look for the share of ethical factors in the family. Also, it tries to test the accuracy of the theory that the jurisprudents are not willing to apportion the same weight for marriage in Fiqh-Islamic jurisprudence- as compared with other legal institutions and to apply general rules of contract, since they have properly found that family is affected by morality and fundamentals of the family are based on ethics.