Jurisprudential and Legal Basis of State Intervention in the Family Institution and Theory Based on Principle (10) of the Constitution

Articles in Press

Document Type : Original Article

Authors

1 Doctoral student of the International University of Islamic Religions

2 Assistant Professor at the International University of Islamic Religions

3 Director of the Department of Jurisprudence and Law at the International University of Islamic Religions and Associate Professor of the University

Abstract

The researcher, through a descriptive-analytical method and research in legal sources and popular opinions on government interventions in the family sphere, has arrived at the desired theory of government intervention based on principle (10) of the Constitution. This theory is based on the Islamic Sharia and leads to preserving the independent dignity of the family institution without direct interference in the family institution. As the concepts derived from the text of principle (10) are fully implemented and its supervision is operationalized by the government in the family sphere, and based on principle (10) of the Constitution, the family is introduced as the fundamental unit of society, and one of the most important duties of the government is to protect the sanctity of the family and to strengthen and consolidate its institution. Also, all policies and planning should be aimed at facilitating the functioning of the family and strengthening the foundation of the family. In fact, implementing this principle shows the scope of the desired government intervention in the family institution with the aim of achieving the excellence and dignity of the Islamic family. Finally, a practical model based on principle (10) of the Constitution was presented regarding government intervention, such as: giving authority to the family, supporting parenthood and marriage, redefining the growth indicators of the Islamic family, facilitating family functions, etc.

Keywords

Main Subjects

The Women and Families Cultural-Educational

Articles in Press, Accepted Manuscript
Available Online from 11 August 2025

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History

  • Receive Date: 03 December 2024
  • Revise Date: 12 February 2025
  • Accept Date: 11 August 2025
  • Publish Date: 11 August 2025

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