A Critical look at the Judicialization and the Distortion of Iranian Family lifeworld

Document Type : علمی - پژوهشی

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Department of Sociology, Faculty of Social Sciences, Allameh Tabatabaei University, Tehran, Iran.

Abstract

From the time the Family Law was passed in 1931 until the establishment of family courts in 2012, the Iranian family has always been the subject of government policy-making, and its autonomy to solve its problems has decreased. This trend indicates the construction of a process that we have called judicialization. Judicialization, while collaborating with the two media of money and power, was able to transform cultural relations around marriage into individual rights and commodity ceremonies, and has continued to distort the Iranian family's lifeworld to this day. This study shows how judicialization has weakened collective bonds in the family sphere and, through the creation of judicial mechanisms around the cultural relations of the Iranian family, has led to its commodification and judicial inflation. The method study is Jürgen Habermas' dialectical objectification method and has critically analyzed the judicialization process using library techniques. The results show that judicialization has imposed costly consequences on the Iranian family, including the commodification of marriage-related relationships, increased family disputes and the prevalence of divorce, the expansion of the scope of marriage contract provision, the growth of the counseling market and referral cycle, and the prevalence of a tendency toward open relationships outside of marriage.

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