Flexibility of Islamic Family law in regard to Globalization of Law

Introduction and the Aim The set of rules upon which legal vehicles are comprised and being run, undergo change and transformation depending on the extent of their interaction with human community daily relations. This transformation takes place according to different aspects. In other words, a structure undergoes a change being imposed to human exploitation or various needs &/or in action which leads to the transformation of that part of the legal system, in macro level. Apart from the general and vague title of social need, the source of this kind of transformation could be outside or inside the regulation executing framework which has been changed. In the latter case, the range of its effects with the exception of some limited cases would not be vast. Although in case the source is outside the legal system, in its absolute but not territorial meaning, the influence would be more widespread. This takes place when the source of the position circulation is related to the principles i.e. when it targets a general and universal principle. Globalization in its universal influence and effect process sense cannot face the above-said issue with such a revolution that necessitates legal study except for the subject’s historical aspect. But in the second sense, globalization is in fact the concept of globalizing which means establishment of a set of rules in order to equalize legal regulations. Taking such an action encounters some resistance which could be a result of national-religious dependence. Furthermore, confronting culture and financial policies, can sometimes hinder the official acceptance of such changes. This paper aims at introducing a new situation apart from existing challenges or imposing any specific culture-religious approach. To this end it offers new concepts of globalizing and family rules and rights in the field of jurisprudence. Methodology: Investigating legal subjects via traditional methods is often limited to the assessment of what exists. So using the results of those researches is subject to discovering some similarities and understanding authors’ intentions. Considering the present text while this abstract tries to look at its analysis subject comprehensively, by offering a legal model and it also tries to set forth alternative inferences and results via designing its proposed model. In this respect it may not limit the results to the present study so library research methodology is chosen. Results: 1) Globalizing family laws has to be subjected to review and Islamic legal system share in this review is the same as the fundamental concepts of human reverence emphasized by God. 2) Globalizing Law, alike its other aspects and with the exception of its value terms, is a subject which had compulsory and unilateral state by minorities FOR most of the societies’ legal systems so far. Reviewing its concepts and founding new general rules of these positions forms a union to reach an aim. Discussion: The field of Family is no doubt of a special sensitiveness in communities and believing in its unchangeability is a common practice. Globalizing in this sense needs in one hand reasons which justifies its necessity and must on the other hand establish required foundations in order to execute its goals. This should not be forgotten that provided globalizing takes its appropriate meaning, is not only an undesirable subject that would shake family foundations, but it also is simply able to gain a global realistic reflection via various nations’ apprehension by compiling guiding principles in compiling national rules. In this regard, Islamic system and its religious jurisprudence rule not only does not make serious obstacles, but it can also be representative of an approach based on human reverence thought as one of the pioneers of progressive principles. It should be taken into consideration that the subject f this study is not the necessity, the existing ways &/or the process of Law globalization in the field of family and negative feedbacks of Islamic world towards it but it emphasizes on using present forces and strengths on Islamic divine system which are based on improving human lives, in the route of globalization. Instead of surrendering or sometimes abandoning gained results, or inattentiveness to what is taking place, a key role can be played in this movement and its route can even be changed towards superior Sharia aims. This may seem a big claim but for one thing it sure is not an extravagance one.

Flexibility of Islamic Family law in regard to Globalization of Law