The Border Between Individual Independence and Marital Duties: Re-evaluating Damages Due to Non-Compliance in Iranian Family Law
Subject Areas : Family LawEsmail Shirzad 1 , Fatemeh Mahdavi 2
1 - Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.
2 - Address: Assistant Professor of Jurisprudence and Fundamentals of Islamic Law, Department of Theology, Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Qaemshahr Branch, Islamic Azad University, Qaemshahr, Iran.
Keywords: Compliance, Human Dignity, Non-compliance, Individual Independence, Damages Due to Non-compliance, Family Law,
Abstract :
The established jurisprudential, legal, and customary rules hold that Tamkin (compliance) is one of the core concepts in Iranian Family Law, always accompanied by enforcement mechanisms such as the forfeiture of maintenance (nafaqah) and the possibility of judicial compulsion. This enforcement, rooted in Twelver Shia jurisprudence, is based on a relative understanding of the roles and duties of spouses, which contrasts with the concept of individual independence, a notion directly linked to will, choice, and human dignity.The present research, adopting an analytical-critical approach, re-examines the damages resulting from non-compliance (Adam-e Tamkin) in light of individual independence. It hypothesizes that non-compliance is not always a breach of marital duty and can, in certain cases, manifest as the exercise of the legitimate right to individual independence. The study further points out that, in addition to the dichotomous model of non-compliance, it serves to clarify the distinction between rights and duties, indicating that integrating compliance as an absolute duty does not preclude individual independence.This research investigates the boundary between individual independence and marital obligations, emphasizing the damages arising from non-compliance within Iranian Family Law. The objective of the research is to analyze the conflict between the rights of the spouses and the legal obligations stemming from marriage. The findings are based on descriptive-analytical study utilizing library resources and scholarly articles. The findings suggest that the Iranian legal system, when dealing with non-compliance, adopts a more duty-centric approach and pays less attention to individual independence.The research conclusion indicates the necessity of revisiting the concept of compliance and its resulting damages with a balanced and human-centered approach. From a legal perspective, marriage is not merely an emotional and ethical bond but a legal institution with binding effects and consequences that regulate the mutual rights and duties of the spouses. However, the interpretation of these duties should not lead to the disregard of the independent personality and free will of either party. In contemporary family law, attention has been drawn to the balance between the individual rights of spouses and the obligations arising from shared life, as a criterion for achieving family justice. Within this framework, the concept of compliance should not be perceived solely as an inflexible duty but must be interpreted in light of the social circumstances of the spouses.
1. Antiqadi, O. S. H. (2011). Madani Law. Tehran: Mizan Publications. [In Persian]
2. Asadi Hosseini, K., & Mehdi, A. (2025). Contractual Guarantee in Spousal Relations and Review of the Concept of Nushuz. Research Journal of Family Law, 14(1). [In Persian]
3. Ghasemi, H. (2017). Legal Analysis of Nushuz and its Effects in Iranian Law. Journal of Family Law, 6(20). [In Persian]
4. Ghasemi, H. (2017). Legal Analysis of Compliance and Dowry in Light of Human Rights. Journal of Fiqh and Islamic Law, 10(2). [In Persian]
5. Ghorbani Ziksari, A. (2008). Sharizat Research Method. [In Persian]
6. Haery, S. (2020). Critical Review of Legal Approaches to Compliance and Nushuz in Iranian Family Law. Journal of Family Law and Social Developments, 7.
7. Hashemi, S. M. (2018). Critique and Review of Civil Liability for Non-Compliance, Based on Fiqh and Islamic Law. [In Persian]
8. Hosseini, Z. (2013). Woman's Individual Independence in the Iranian Legal System, Which Necessitates Adherence to Sharia and Legal Principles. [In Persian]
9. Jafari, M. (1997). Doctrines and Challenges of Human Rights. Journal of Legal Research. [In Persian]
10. Khalili, M. (2017). Fiqh and Legal Analysis of the Concept of Nushuz in Iranian Family Laws. Journal of Fiqh and Islamic Law, 15(4). [In Persian]
11. Karimi, L. (2021). Analysis of Non-Compliance Guarantees in Light of the Principle of Prohibition of Abuse of Rights. Quarterly Journal of Private Law, 5(1). [In Persian]
12. Karimi, L. (2021). Preliminaries of Executing Financial Non-Compliance based on Hassani's Justice. Journal of Women and Family Law Studies, 6(10). [In Persian]
13. Moallei, S. H., & Emami, S. (2015). A Brief on Family Law. Tehran: Mizan Publications. [In Persian]
14. Mohammadi, A., & Rezaei, S. (2016). Supports Arising from Breach of Marital Duties. Journal of Family Law Research, 1. [In Persian]
15. Moghadam Damad, M. (2012). Fiqh Rules in Family Law. Tehran: Nashr-e Ney. [In Persian]
16. Mousavi Bojnordi, S. M. (1997). Human Rights and Human Dignity in Fiqh and Iranian Law. First Edition. Tehran: University of Tehran Publications. [In Persian]
17. Mohammadzadeh, A. (2021). Legal Principles of Individual Independence in the Iranian Family System and the Need for Reforms. Quarterly Journal of Women and Family Law Studies, 20. [In Persian]
18. Rahimi, M. (2019). Re-examining the Concept of Compliance in Light of Human Rights. Journal of Family Law Research, 7. [In Persian]
19. Shaverdi, Y. (2018). Legal Examination of Civil Liability Arising from Non-Pecuniary Obligations in Family Relations. Quarterly Journal of Private Law, 12. [In Persian]
20. Shahidi, M. (2014). Application of Rights and Enforcement in the Islamic World. Tehran: University of Tehran Publications. [In Persian]
21. Talaei, Z. (2020). Critical and Analytical Review of Legal Guarantees Regarding Compliance and Human Rights. Journal of Human Rights and Social Justice, 8. [In Persian]
22. Taghavi, R. (2012). Family Law. Tehran: Mizan Publications. [In Persian]
23. Yousefi, H. (2018). Review and Critique of Civil Liability Arising from Non-Compliance, Based on Fiqh and Islamic Law. [In Persian]
