Globalization and the Transformation of Family Law Norms: A Qualitative Inquiry Into Cross-Cultural Legal Adaptation
Keywords:
globalization, family law, legal pluralism, cross-cultural adaptation, qualitative research, legal consciousness, gender equality, child welfare, TehranAbstract
This study aimed to explore how globalization reshapes family law norms through cross-cultural legal adaptation, with particular attention to marriage, divorce, gender equality, child welfare, and the negotiation of cultural legitimacy among legal professionals in Tehran. A qualitative research design was employed using semi-structured interviews with 27 participants in Tehran, including family law attorneys, legal scholars, court-affiliated counselors, family court personnel, and civil society legal advocates. Participants were selected through purposive sampling, followed by snowball sampling to access information-rich cases. Data collection continued until theoretical saturation was achieved, meaning that later interviews no longer generated substantially new conceptual insights. Interviews focused on participants’ experiences of globalization-related changes in family law discourse, including international human rights norms, transnational family disputes, migrant family practices, digital legal awareness, and comparative legal borrowing. Interviews were audio-recorded with consent, transcribed verbatim, and analyzed through thematic analysis. NVivo software was used to organize transcripts, generate initial codes, compare patterns across participants, and develop final categories. Trustworthiness was enhanced through peer debriefing, member checking, reflexive memo-writing, and an audit trail. Five main categories emerged from the data: normative hybridity and selective legal adaptation; renegotiation of gender equality within marriage and divorce; child-centered reasoning and transformation of parental authority; procedural adaptation in transnational family disputes; and cultural legitimacy, resistance, and legal consciousness. Participants described globalization not as a uniform replacement of local family law norms, but as a selective and contested process in which international standards, domestic legal traditions, religious norms, and everyday family expectations interact. The findings suggest that globalization transforms family law through layered adaptation rather than direct transplantation. Cross-cultural legal adaptation depends on institutional interpretation, cultural legitimacy, public legal consciousness, and the capacity of legal actors to translate global norms into locally meaningful forms.
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