Comparative Study of Family Law Systems in East and West

Family law serves as a fundamental legal framework regulating relationships within families, including marriage, divorce, child custody, inheritance, and domestic obligations. This comparative study examines the divergent and convergent features of family law systems in Eastern and Western jurisdictions, highlighting the influence of cultural, religious, and social factors. Western legal systems, including common law and civil law traditions, emphasize individual autonomy, gender equality, and codified procedural safeguards. In contrast, Eastern systems, particularly those influenced by Islamic law and traditional Asian customs, prioritize family cohesion, social harmony, and religious or cultural norms. The study analyzes marriage and divorce regulations, child custody and protection mechanisms, inheritance rules, and contemporary reforms in both regions. It also addresses emerging trends such as recognition of same-sex marriages, assisted reproductive technologies, and cross-border legal issues. Comparative findings reveal key differences in the balance between individual rights and collective responsibilities, the role of religion in legal formulation, gender equality, and procedural approaches. Despite these differences, globalization and international human rights standards have prompted reforms in both regions, fostering convergence in areas such as child welfare, protection of vulnerable family members, and legal modernization. The study concludes that understanding the underlying social, religious, and cultural values of family law systems is essential for policymakers, legal scholars, and practitioners to promote effective, equitable, and culturally sensitive legal frameworks. Comparative analysis not only enhances cross-cultural legal understanding but also provides opportunities for harmonization, mutual learning, and informed reform in globalized contexts.

کلیدواژه ها:

Family Law ، Comparative Law ، Eastern Legal Systems ، Western Legal Systems ، Child Welfare