The Multi-faceted Nature of Maslahat: A Systemic Analysis of the Theory-Practice Deadlock in Reforming Iranian Personal Status Law

Articles in Press

Document Type : Original Article

Authors

1 PhD Candidate, Department of Private Law, Qeshm International Branch, Islamic Azad University, Qeshm, Iran

2 Assistant Professor, Department of Fiqh and Law, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran

Abstract

Abstract

The principle of maṣlaḥa (public interest) has long been presented as the master key to ensuring the dynamism of Islamic legislation, particularly in adapting Iranian personal status law to contemporary needs. In practice, however, its application faces conceptual and structural challenges that often stall reforms or reinforce the preservation of traditional structures. Moving beyond uni-dimensional analyses, this article employs a descriptive-analytical method and a systemic approach to investigate the roots of the impasse between the theoretical potential of maṣlaḥa and its practical inefficiency.

The systemic analysis reveals that this deadlock is not rooted in a single factor but in an interconnected network of self-reinforcing challenges. This network originates from conceptual ambiguities surrounding the principle, is amplified by the fear of conflict with sacred texts (nuṣūṣ), and culminates in institutional resistance. This resistance, in turn, constricts the socio-legal discourse required to resolve the initial ambiguities, thus creating an "inhibiting feedback loop" that severely complicates reform efforts. The manifestations of this impasse are evident in persistent legal issues such as child marriage, women's inheritance, the exclusion of grandchildren from inheritance (ḥajb), and divorce rights.

Ultimately, the article argues that the challenges in applying maṣlaḥa are not inherent to Islamic jurisprudence (fiqh). Instead, they are largely the product of a dominant interpretive paradigm and institutionalized procedures, a critical revision of which is essential for achieving justice and meeting the needs of contemporary society.

Keywords: Maṣlaḥa, Iranian Personal Status Law, Theory-Practice Impasse, Maqāṣid al-Sharīʿah, Systemic Analysis.

Keywords

Main Subjects

Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 01 November 2025

Files

History

  • Receive Date: 30 July 2025
  • Revise Date: 29 September 2025
  • Accept Date: 01 November 2025

Share

How to cite

Statistics