The Islamic Government Intervention in Family Laws (Capacities and Necessities)

Family issues lie between three sides: the laws of Sharia, the will of the couple, and the provisions of government. In order to prevent difficulties or resolve family problems, the third part could intervene in the two areas of legislation and the judiciary, by means of the governance tools.The capacities and necessities for this type of intervention (the government’s interest in the family issues), in the area of legislation includes master legislation instead of guiding statements, substituting extended statements (for the less broad ones), the existence of social necessities and interests, looking for evidences of distress and hardship and updating the statute law for this specific issue, applying the no-loss rule, and finally codifying the non-juridical rules to promote the juridical rule.The approval of religious sentence through the governmental sentence, based on the no-loss rule, the necessity of supporting the weaker party in conventions and developing the judicial methods, are also recommended in the area of the judiciary. The government non- legislative intervention in relation to render more efficient the law institute is also of significance in completion the two above areas.