Pembaharuan Hukum Keluarga di Iran

Abstract

This study aims to describe the renewal of Islamic law in Iran. This study is a normative study with a literature study. The results of the discussion explain that: Family law reform in Iran has undergone significant developments, especially after the 1979 Islamic revolution which made Islamic law the main source of law, replacing previous civil and criminal laws. Family law is regulated in The Civil Code of The Islamic Republic of Iran in 2000, with an emphasis on Shia law. The family protection law enacted in 1967 includes provisions regarding marriage registration, where every marriage must be registered, as well as a minimum age limit for marriage, which is 18 years for men and 15 years for women. Polygamy is strictly regulated, requiring permission from the wife and the court. Although influenced by the Western legal system, Iran still maintains a strong Islamic nuance in law enforcement. The model for establishing family law has gone through a long process, starting from the influence of the Sunni school of thought, the integration of French regulations, to returning to the classical Shia Ja'fariyah fiqh. Increasing recognition of women's rights and dignity, including changes in inheritance laws that provide equal rights for widows and widowers, reflects progress towards gender equality.