A Comparative Study of the Recognition of Criteria and Instances of Personal Status in Iranian Law and Certain Islamic Countries

Document Type : Original Article

Author

resaercher

Abstract

Some Islamic countries have developed and enacted independent laws titled "Personal Status Law" alongside their "Civil Code." The absence of a clear religious foundation for this term and its lack of presence in linguistic sources has engendered various disagreements regarding the concept, criteria, and instances of personal status. These discrepancies manifest within the legal systems of Islamic countries at multiple levels, including legislation, judicial systems, and legal doctrine. Certain legal instances and institutions in these legal systems are ambiguous and contentious regarding their inclusion under personal status. Based on the findings of this study, the dependence of the subject on religious beliefs, religious affiliations, and cultural practices is considered one of the most significant criteria for distinguishing and identifying instances of personal status in the legal doctrine of Islamic countries. According to this criterion, legal institutions such as inheritance, wills (wasiyat), endowments (waqf), spousal maintenance (nafaqe), maintenance for relatives, dowry (mahr), and bridal gifts (jahīziyah) can be categorized under personal status, whereas the legal institutions of gifts (hibih) and acknowledgments (iqrār) can be excluded from its scope.

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