Document Type : Original Article
Authors
1
Associate Professor, Faculty of Law and Political Science, Allameh Tabatabaei University, Tehran, Iran
2
PhD Student in Private Law, Allameh Tabatabai University, Tehran, Iran
Abstract
Spouses's rights is one of civil law's concepts which not only has a legal aspect, but also it is full of customary and moral aspects and also has the both feature of financial and non-financial. The greatest use of customary law in Holy Quran is about spouses’s rights and regulating relations between them.
For this very fact, ignoring the role of custom in spouses's rights conduces substantial challenges in the society. The purpose of this article is going to discuss about role of custom in some non-financial rights of spouses, such as Family headship, the Fulfill of duties,and Good behavior in Iran legal system Islamic religionst of in a descriptive analytical method.In this paper, while clarifying the scope of the custom and recognizing it as a source of legislation,Finally,we will realize that, although the custom in the legal system of Iran, most of all, in the case of the silence of the text, has a complementary and explicit role; However, it has a role to play. In many cases, the practical application of the Jurisprudence and the law is used also, the role of custom in the tradition of the Sunni is that what is considered to be a good and suitable custom is also pleasing to God. The role of custom on the rights of minorities (TheJew, Zoroastrian, and Christian), according to their customary religious practices, can not be denied, and is the source of law.
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