https://flj.isu.ac.ir/ Biannual Journal of Family Law And Jurisprudence en daily 1 Tue, 23 Sep 2025 00:00:00 +0330 Tue, 23 Sep 2025 00:00:00 +0330 https://flj.isu.ac.ir/article_77833.html One of the issues that has received only superficial attention in family law is the stipulation of the wife’s right to work within the marriage contract. Assuming the validity of this condition, the question arises whether the husband’s obligation to it is absolute, or whether, in certain cases, he may still lawfully prevent his wife from working despite the stipulation. Ultimately, if the husband objects to the wife’s employment without a valid justification, what right accrues to the wife? A critical yet underexplored point is that, if the condition granting the wife the right to work is invalid, no obligation is imposed on the husband to fulfill it, and no right arises for the wife from his noncompliance. A non-exhaustive review of the literature reveals that most authors have regarded this condition as unconditionally valid. However, the present article demonstrates, through a reasoned analysis of the rationale for fulfilling stipulated conditions, that such a condition—and any cause leading to a ruling contrary to the primary substantive legal norm—must be limited to a defined duration in order to be valid. Previous authors have confined the husband’s legitimate opposition to his wife’s employment exclusively to the cases enumerated in Article 1117 of the Civil Code. In contrast, this article establishes that general stipulations of the right to work and specific stipulations do not carry the same legal ruling, and that the restriction of permissible opposition under Article 1117 applies solely to the former. In situations where the husband’s opposition to the wife’s employment is prohibited, the right accruing to the wife depends on determining which category of conditions—among those set forth in Article 234 of the Civil Code—the stipulation exemplifies. Unlike earlier studies, this article provides evidence-based analysis on this point. https://flj.isu.ac.ir/article_76515.html One of the fundamental principles of civil liability law, which is approved by the majority of lawyers and judicial systems, is the principle of the necessity of compensating for damages, or the principle of full compensation for damages.  Based on this, there is no difference of opinion regarding the compensation for the loss caused by the loss of the object or benefit or the damage caused to the human personality, but regarding being deprived of benefits, this question arises as to whether the benefits that are lost as a result of the disruption of a practical position remains whether the benefits that are lost as a result of the disruption of a practical position can be claimed as a loss?One of the obvious examples of damage to the practical position of people is when, due to the harmful act of a third party, the position resulting from the benefit of alimony is lost. In this article, with a descriptive-analytical method, aims to explain the possibility of claiming a loss due to the loss of the position of benefiting from alimony.There is a difference of opinion among jurists regarding the possibility or impossibility of claiming damages due to the loss of the position of benefiting from alimony. Some believe in the impossibility of claiming such a loss, and others do not see any particular obstacle in claiming the loss due to the loss of position inspired by French law.In this thesis, after examining and studying both opinions, an opinion was adopted and strengthened, according to which, the loss caused by the loss of position, in the assumption of creating a continuous position as a legal right and also in the assumption of creating an unstable position as a profit opportunity will be claimed. https://flj.isu.ac.ir/article_77858.html Islam values the financial independence of women, and for this reason, it accepts the wife's employment if it does not conflict with the husband's rights; But, in some cases, there is a conflict between the wife's employment and the husband's rights which should be examined the solutions that jurisprudence provides to overcome this conflict. Therefore, in order to preserve the family center and strengthen its foundation, the author has decided to investigate the ways to overcome the conflict between the wife's employment and the husband's rights, by using a descriptive - analytical method and collecting library data. Women's employment is divided into mandatory, Mustahab, Makruh, and permissible, and the types of wife's duties are subservient to the matrimonial bed, the request for withdrawal, and the exclusiveness of enjoyment. In these cases, which is interpreted as conflict, the rational, religious and tradition-based rule for solving the conflict should be defined between the more important and the less important and the more important should be precedence over the less important. With this rule, the values such as family which is fundamental institution in Islam, would be preserved. Sometimes there is a situation where the wife cannot perform the two duties of employment and submission at the same time and has to sacrifice one. In these cases, she should sacrifice the important thing according to the type of wife's duty and type of employment; It means to perform a task that is more important and leave the other task. In this context, it is necessary to pay attention to the individual differences of women, such as the physical and mental capabilities of the wife, the family differences of women, such as the beliefs and convictions governing the husband's intellectual system regarding the type and duty of the wife, as well as the social differences of women, such as the level of efficiency and effectiveness of their jobs. https://flj.isu.ac.ir/article_77125.html The diverse and increasing developments of human society have been led to the creation of various issues and studying them separately has not been caused to decrease the feeling of satisfaction from the law science in facing to these issues. The society has been faced to the kind of modern distortion and the families exposed to the western waves, cannot properly deal with their survival and raising children and civilizing them. The increase in lawsuits, the delay of trials, the need to collect statistics on the distribution of justice instead of collecting data from the number of cases, high population of criminal convicts and prisoners, high costs of proceedings, the disconnection of two- way relation between the legal system and the strengthening of norms and the successive increase in the government's responsibilities are among the issues that legal system is facing to them. Therefore, the preparation of general theory and providing instruments to protect natural proceedings (justice), fundamentally had been researched in a descriptive, analytical, comparative, and innovative engineering method. These results were obtained under the title of presenting the theory of "legal system engineering" with the approach of private law, that the purposes of Sharia are the legal system foundation and to protect legislative justice, as a natural procedure (scale), about these foundations is its existence philosophy that it can be controlled through the multi- purpose function  and this protection can be done through the engineering of behaviors and their consequences, in this regard, there is a mutual role between the strengthening of family and promoting the engineering of the legal system. https://flj.isu.ac.ir/article_77703.html “Muta'a of divorce” is a financial institution that the Islamic law system has established as a gift for divorced women. The most fundamental question in the issue of Muta'a of divorce is whether this applies to all divorced women or a specific group. This article argues, contrary to the common Fatwa that only obligates Mut’a for divorced virgin women without dowry, that its payment should be obligatory for all divorced women. Therefore, this research uses a critical analytical method to weaken the arguments of those who believe the payment of Mut’a should be limited to a specific group and, on the other hand, it proposes a view that it should be paid to all divorced women, supporting this view with jurisprudential evidence such as verses, narrations, the conduct of religious leaders, and reason. The findings suggest that Muta'a of divorce can be absolutely obligatory, with legal and jurisprudential consequences, including potentially lower dowries. Ultimately, the article proposes establishing a new institution called “Muta'a of divorce” in the family protection section of the country’s civil law, based on strong jurisprudential support for securing the financial rights of divorced women in Islamic law and existing legal evidence in the Family Protection Law in the Islamic Republic system. https://flj.isu.ac.ir/article_77147.html The continuity of individual contracts such as employment contract, hiring, acting and marriage has been questioned after gender change which was studied according to jurisprudence and legal sources and doctrine. In general, whenever a feature or issue had considered as an effective cause for purpose of contract or as an implied term for intention, continuity or dissolution of the contract may be depends on it. Principally, if effective intention of one of the parties become defective by the change of gender as a vitiation issue, that legal act will have been dissolved, and if the effective cause of the contract become defective, the other party will be entitled to terminate the contract or that contract will have been dissolved automatically. In addition to paying attention to accuracy principle, by inferring from articles 1071, 1105 and 1106 of the Civil Code, the gender difference of the parties is one of the fundamental clauses for validity of marriage, Moreover, due to the defect of the intention, effective cause (general issue) and illegitimacy of the contractual purpose, the marriage will have been dissolved. This issue in the employment contract is slightly different, that is, in cases where gender change creates a religious obstacle to employment or be against the public interests, the contract will have been dissolved based on Article 6 of the Labor Law, but according to the prohibition of discrimination and necessity to protect of worker rights, when effective cause (general issue) of the employment contract will been defected, the employer will only have the right to terminate. However this right just will possible when the special gender had been actual requirement, not just accordance to job advertisement. https://flj.isu.ac.ir/article_77707.html One of the functional divisions of contract and unilateral legal act is the division into definitive and conditional. Conditional contracts refer to contracts whose creation or effect is suspended by circumstances external to the contract. It is intended by the parties in a conditional contract to create a contract, but its effect will not take place until an external circumstance occurs in the future. In conditional agency in divorce, the husband appoints the wife as an agent in the divorce matter, but the agency will not be effective until some external circumstance arises, such as the husband's drug addiction. This conditional agency contract may be concluded in the form of a corollary condition as an integral part of the marriage contract or separately. In Imamiyyah jurisprudence, there is consensus regarding the stipulation of unconditionality in all contracts, particularly agency contracts and unilateral legal acts of divorce. In spite of this, some jurists have objected to the stipulation of unconditionality by virtue of consensus. Other rational reasons are cited in jurisprudence books for the stipulation of unconditionality, all of which can be contested. This fundamental research, by using a descriptive- analytical method, concludes that considering the generality and absoluteness of the evidence for the obligation to fulfill contracts and impossibility of the obstacles that some jurists have raised, the conditional contract should be considered valid. Civil law also explicitly considers unconditionality as a necessary condition in some contracts such as guarantee, marriage, and unilateral legal acts, such as divorce, while being silent about others. The judicial procedure accepts conditional agencies and conditional contracts in general. The legal solution for rectification of the conditional agency and in general the conditional contract and postponed unilateral legal action is to distinguish between the suspension of creation of the contract and the suspension in the creature (effect) of the contract. Suspension of creation is logically impossible, and suspension in the creature of contract and unilateral legal act is valid and it is located in the outside world and is widely used in people's legal affairs. https://flj.isu.ac.ir/article_76688.html Abortion has always been discussed throughout history due to its moral, jurisprudential and legal aspects. One of the problems and dilemmas caused by abortion is the decreasing of the young population in countries with a middle-aged pyramid like Iran, So, in order to prevent it, in 1400, the law "Supporting the Family and the Youth of the Population" was approved; However, its implementation - especially in the issue of abortion treatment - has faced many challenges and by applying many restrictions in the field of fetal health and its abortion, has violated the purpose of increasing the rate of healthy and productive population. The purpose of this article is to examine the jurisprudential and legal challenges of therapeutic abortion in the light of the Family and Youth Protection Law and to try to provide efficient solutions to solve the challenges of this field. The collecting data is based on documentary- library materials and the research has been done by descriptive-analytical method. The investigations show that the application of severe restrictions in the field of fetal health and abortion treatment will have no result other than endangering the lives of mothers and increasing the number of criminal abortions and provides the grounds for abuse by the offenders and their profit seeking. Also, due to the different bases and opinions of jurists and lawyers regarding abortion and the time of soul rebirth and the lack of determining a single and specific time for soul rebirth in different sciences of jurisprudence, law and medicine, it is not possible to leave the issuing of permission or disallowance of therapeutic abortion to the judges. And it should be done with the cooperation of jurists, lawyers and doctors regarding the criteria for fetal abnormities to make a correct decision. https://flj.isu.ac.ir/article_77773.html Supporting women and trying to empower them is one of the essential requirements in any society. In this regard, in 2006, the legislator added a note to Article 336 of the Civil Code, giving the wife the right to demand remuneration from her husband for the work she has done during their life together in the common home. In this study, which is done by a descriptive-analytical method and based on library studies, the author believes that the common wage as a financial right that was added to our legal texts in the opinion of the legislator and many legal writers in order to protect women, is the subject of much criticism from various legal and social aspects. So that not only cannot it fulfill the protective function intended by the legislator in practice, but also it is even contrary to the dignity and status of women. Therefore, while proposing the elimination of such Article, the alternative solutions such as mandatory insurance for housewives are proposed, which, while preserving the dignity of the wife, provides the necessary support for women and causes less tension between couples. https://flj.isu.ac.ir/article_77320.html The current research aims to assess the necessity of the legal jurisprudence center for ijtihad issues in the third model of the Muslim woman, explaining the necessity, importance, upcoming challenges and providing implementation solutions for the establishment of this center. The type of qualitative research and data analysis was done analytically-descriptively and information was collected through library-documents. The findings indicate that due to the speed of change in society's problems and issues and the need to create unity of action in women's ijtihad issues, traditional jurisprudence studies are not enough and solving the challenges of the day in this field requires women's careful views and reflections; Therefore, in some cases, it is not correct to use fatwas, judgments and men's views in such issues, and due to the rule of referring the scholar to the ignorant and referring to the experts, recognizing women's ijtihad and forming a women's jurisprudence-legal center including female elites and mujtahids to make decisions on matters and issues Such as chastity and hijab, abortion, embryo donation, annulment of marriage, divorce from the wife, dowry and alimony, sexual rights of the wife, obtaining moral damages in the event of breaking up the engagement, the threefold heat, judgment of women, etc., are necessary. In fact, the purpose of establishing this center is to analyze, answer and solve the problems and needs of the society of women, children and families by applying the principle of expediency and accelerating the updating of laws. The establishment of this center will lead to the amendment of the laws and inquiries from the supreme authorities based on the outputs of the center, and finally it will be a huge change in the field of jurisprudence-legal issues of women and a step towards the model of Islamic progress. https://flj.isu.ac.ir/article_76851.html Family is the most fundamental social institution which the relations governing it are based on ethics, faith, rights and duties among its members. Despite the love and affection between the couples, sometimes one of them uses their position to the detriment of the other due to the privilege and position which is given to him/ her by the law, in other words, they abuse their rights. In this research, which has been conducted in a descriptive and analytical method, moreover, to explain the family rights in couples' relationship, aims to deal with the couples' legal rights, either exclusive or joint, as well as to represent examples and solutions to prevent the abuse of these rights, especially, among these rights, the right of divorce and the right of a man such a head of family are abused more, therefore, the solutions such as limiting the authority to implement rights, judicial divorce and the requirement of trust in divorce (attorney appointing) are discussed in this research. Moreover, the contractual rights between the couples which cause the pre-written conditions included in the contract (standard conditions) or the conditions specified by them in the contract (supplementary conditions) are analyzed here. Finally, the documents drawn up after the marriage contract or the conditions agreed upon after the marriage contract, as well as their validity or invalidity as an independent agreement or conditions included in the contract - if they do not be in contradict with the public order, good morals and the popular opinion based on Article no. 10 Civil Law, can be validated. The results indicate that the legislator should create legal articles with executive guarantee in the family law in order to prevent possible abuses of family rights. https://flj.isu.ac.ir/article_77722.html According to Paragraph 3 of Article 18 of the Passport Law, all married women are required to obtain their husband's consent in order to receive a passport and consequently to leave the country. However, this law has, in many cases, led to restrictions and deprivations for a segment of women in society—namely, elite women—which have resulted in adverse consequences not only for these women but for society as a whole. Considering the necessity of assessing the feasibility of amending and revising this law in relation to elite women, and given the jurisprudential basis of statutory laws in the Islamic Republic of Iran, the present article, using a descriptive-analytical method, addresses the social imperatives of revisiting Paragraph 3 of Article 18 of the Passport Law as it pertains to elite women. The findings of this research indicate that the necessity of revising the mentioned law with regard to elite women can be examined from several perspectives: first, from the perspective of travel as a religious obligation; second, from the viewpoint of changing circumstances over time; third, considering the application of secondary legal principles; and fourth, in terms of prioritizing public interest. Therefore, with respect to this group of women, it seems more appropriate that instead of a passport, a temporary travel document be issued—one that, on the one hand, does not require the formalities of passport issuance such as spousal consent, and on the other hand, due to its short-term validity, merely enables participation in the specific international event in question. https://flj.isu.ac.ir/article_77721.html The issue of looking at a non-mahram is one of the important religious issues in the social arena, and knowledge of its Sharia ruling is very important for religious individuals. A woman ‘s gaze at a non-mahram man without lustful intent, like a man’s gaze at a non-mahram woman, is an issue that requires jurisprudential analysis and discovery of the Sharia ruling. This issue was not raised among the Imamiyyah elders, and has been raised since the time of Mohaqiq Hilli and has been discussed in more detail in contemporary era. This research, by analyzing various arguments and perspectives, has concluded that the arguments based on verse 31 of Surah An-Nur, narrations, consensus, and the Islamic tradition on this issue contain numerous problems. So, the correct view is that there is no objection to a woman’s gaze at a non-mahram man except for the private parts, as long as it is without lustful intent, and the advice to refrain from looking is also a morally acceptable advice and cannot be considered as a jurisprudential ruling. https://flj.isu.ac.ir/article_77750.html Undoubtedly, if the wife's refusal to comply (tamkīn i.e., the fulfillment of marital duties) is not grounded in a legitimate Sharʿī justification, her entitlement to alimony (nafaqah) is extinguished due to the impediment of nushūz (disobedience). A contentious issue arises, however, with respect to non-compliance stemming from the exercise of the wife’s right of retention (ḥaqq al-ḥabs). According to Article 1085 of the Iranian Civil Code, as well as the prevalent view among contemporary jurists, such refusal does not nullify the wife's entitlement to alimony. Because, on the one hand, the obligation of alimony is established upon the mere conclusion of the marriage contract (ʿaqd al-nikāḥ), and on the other hand, the wife’s initial refusal to render conjugal submission until the receiving of her dowry (mahr) constitutes a well-established legal and Sharʿī right. Therefore, since nushūz, requires unlawful defiance and disobedience, it is not realized in this context, and the obligation of alimony remains intact. Conversely, many classical and later prominent Imāmī jurists reject the independent causal efficacy of the marriage contract in establishing the obligation of alimony. They argue that alimony is conditional upon both the conclusion of the marriage and the wife's actual compliance. From this perspective, not only nushūz, but even a voluntary non- compliance—despite being based on the legitimate exercise of the right of retention—would suffice to extinguish the obligation to pay alimony. The authors of the present study, by using a descriptive-analytical methodology, have critically reviewed the basis documentations of these two jurisprudential opinions. While the reasoning of earlier jurists—based on sources such as the Qur'anic verse "Consort with them in kindness" (Qur'an 4:19), the legal principle of the impossibility of combining identical source and different effects, the impermissibility of obligating a counter-value when its nature is unknown, and various narrations—raises significant doubts and warrants careful scrutiny, the prevailing practice of the religious community (sīrat al-mutasharriʿah) and a cumulative analysis of the evidentiary indicators ultimately lead the researchers to favor the viewpoint of the classical jurists: namely, that the wife’s compliance is a condition for the obligation of alimony. Accordingly, it appears that Article 1085 of the Iranian Civil Code, which upholds the wife’s right to alimony during her exercise of the right of retention, requires fundamental reconsideration and revision. https://flj.isu.ac.ir/article_77694.html In the case of the initial endowment for the fetus, the Civil Code does not have an explicit provision and has generally limited itself to determining the ruling on the issue of a non-existent endowment based on the existing one. A large group of Shiite and Sunni jurists believe the initial endowment for the fetus is invalid and have cited reasons such as the fetus's non-existence, the fetus's lack of ownership, qualification, and the consensus of jurists in this field. On the other hand, another group by taking an opposing position such as having the right of ownership for fetus absolutely, the ownership of the endowment contract and claiming the absence of consensus of jurists in this field have insisted on the replacing the acceptance of a guardian (Vali) or ruler for the fetus and claiming that there is no consensus. The present article has been done by descriptive –analytical and inferential methods and by collecting data in a library, examines both perspectives, analyze and evaluate their reasons and overall prefer the opinion of the first group that is well-known and based on stronger evidence opinion. https://flj.isu.ac.ir/article_77880.html Maintaining the institution of the family as the main pillar of society requires recognizing and respecting the mutual rights of spouses. The Islamic legal system has formulated these rights based on inherent gender differences and has prescribed specific financial and non-financial duties and responsibilities for each spouse. These duties include three categories: common, specific to the wife, and specific to the husband, which change over time due to their deep connection with customs and ethics. One of the factors affecting these rights and duties is the disability status of one of the spouses, which creates new challenges in marital relationships. Disability, as a condition that limits the performance of certain activities, requires spouses to regulate their relationships and adhere to each other's rights and responsibilities by considering its type and extent. The present study, relying on the method of content analysis and library studies, examines the effects and jurisprudential-legal consequences of disability on the non-financial rights and responsibilities of spouses in Imami jurisprudence and Iranian law. The main objective is to analyze the jurisprudential-legal challenges and determine the rights and duties of disabled couples in the Iranian legal system. The findings of this study, in addition to conceptualizing and categorizing types of disabilities, will analyze the challenges of marriage for disabled people, their specific rights and duties, and examine the effects of disability on the non-financial relationships of couples. This approach is a fundamental step towards a more precise explanation of the rights and duties of disabled couples and providing a comprehensive model for their support. https://flj.isu.ac.ir/article_77796.html In the jurisprudential–legal framework of family law, the right to name a child is entrusted to the parents, while the child also enjoys several entitlements concerning their name.A “name” is a multifaceted phenomenon encompassing cultural, historical, political, psychological, sociological, and legal dimensions, and in certain contexts—such as trade names—it carries economic implications that have evolved over time.Since the philosophy of law aims to regulate social phenomena, any legislative intervention regarding names inevitably affects these dimensions. Despite the significance of this issue, comprehensive research remains scarce, which highlights the necessity of the present study. Adopting a hermeneutic and comparative method with reference to American law, this research investigates the scope of a child’s rights to a name. These rights include the right to choose a name, the right to an appropriate name, the right to a similar name, the right to register a name, the right to change a name, and the right to publicize a name. Both parents and discerning minors are entitled to exercise these rights. However, judicial practice in this area remains inconsistent, while existing legislation is fragmented and insufficient. Accordingly, it is recommended that legislators explicitly recognize these rights in civil registration, civil, and family protection laws, while also designating the competent authority for their enforcement. Furthermore, the Law on the Protection of Children and Adolescents should clearly identify the criminal dimensions of violations in this regard. https://flj.isu.ac.ir/article_77934.html One of the most significant areas that concerns parents is the realm of ethical education as well as sexual education. A question that relates to both areas is: What is the ruling on exposing the private parts in front of one’s children? This question arises due to parents’ concern that being naked before their child might disrupt the child’s sexual upbringing, potentially leading to sexual issues either during childhood or later in life. There is also a concern that such exposure might undermine the authority and dignity of the parents in the eyes of the child, or cause difficulties in the child’s respect towards the parents. This study employs a qualitative method and documentary analysis to address the issue from the perspective of Ja'fari jurisprudence (Imamiyyah school of thought). In examining the ruling on parental nudity in front of their children based on the four primary sources of Islamic law (the Quran, Sunnah, consensus, and reason), the verse regarding seeking permission (Istidhan) establishes the obligation to cover the private parts of a child who is capable of granting permission, even if the child has not yet reached the age of discernment (tamyiz). However, the verse is silent regarding children younger than this age. The narrations affirm the prohibition of nudity in front of infants, even those not yet of discernment. Reason and rational scholars also consider nudity in front of children of discernment as inappropriate, but they remain silent regarding children without discernment. Furthermore, there is no consensus that clearly reflects the infallible Imam’s opinion on this matter. The conclusion derived from these sources is that exposing one’s private parts in front of children is not permissible at any age. https://flj.isu.ac.ir/article_77679.html The book of The Women’s Presence in Stadiums by Mr. Javad Fakhar Tusi examines the issue of women's attendance at stadiums from a jurisprudential perspective. Although this book attempts to evaluate the issue of women's presence in stadiums with according to jurisprudential documentation and referencing to the religious evidence and principles, while referencing the various sources, but the content-related shortcomings necessitate a scientific critique of the book. This article is dedicated to outlining these shortcomings. The main criticisms directed at the author's viewpoint include “attributing unrelated claims,” “secondary status of primary ruling,” and “exclusivity of general narrative and Quranic evidence.” There are also interpretations and explanations that contradict the apparent meaning of the narrations present in the book. By clarifying these criticisms, it becomes evident that the primary reason for jurists' prohibition on this issue is not the necessity of women remaining at home or an absolute prohibition on mingling; rather, the reason for the prohibition is the harmful nature of mingling. Also, regarding the necessity of observing religious rulings, all women are equal, and the exclusivity of the evidence for modesty and hijab to cloistered women is unfounded. https://flj.isu.ac.ir/article_77953.html The family forms the core of every society and the child is its fundamental element, and any changes in its rules affect the order of the society. In order to flourish the family and improve the child's education system, the legislator has considered rights and duties such as guardianship, custody, training, discipline, visitation and alimony for parents. Conventionally, the above rights primarily belong to the biological parents of the child; But the important question that arises is whether the above rights can be extended to third parties and caregivers as well if the child’s best interest so requires? The truth is that in today's conditions, the concept of family in all societies has undergone fundamental changes and new claimants have been found regarding the above rights. The author, using hermeneutic method and adaptation to the laws of the United States of America, believes that the rights of the parents regarding the child are not based on the interest of the parents, but only on the interest of the child, and wherever his/ her interest is required, it is possible to extend the rights of the parents to third parties and caregivers. In Iran's jurisprudential legal system, the generalization of parental rights is partially foreseen in three legal, contractual and judicial forms, but it has not been accepted decisively and explicitly, and it is necessary to formulate special regulations in this field. https://flj.isu.ac.ir/article_77664.html Alimony is one of the most important financial rights of a wife, granted to her on the condition of a permanent marriage and full compliance with her husband. This institution holds a special place in the Islamic legal system, as the wife’s alimony takes precedence over other causes of maintenance obligations in Islam. As a current debt owed by the husband, it plays a significant role in strengthening the family structure and promoting social justice. Given the importance of this issue, the present study examines, from a jurisprudential perspective, the possibility of a wife receiving alimony from her husband’s illicit income. To this end, after defining the concept, causes of obligation, and instances of the wife’s alimony, as well as discussing the husband’s earnings and prohibited gains, the study analyzes the opinions of eminent jurists and the fatwas of supreme religious authorities, in light of the absence of explicit verses or narrations on this subject. This research is fundamental–applied in nature and employs a library–documentary method. The findings indicate that it is impermissible for a wife to receive or use her husband’s illicit property as alimony under normal, non-emergency circumstances. In other words, the provision of alimony from unlawful assets is permissible only in cases of necessity and subject to specific conditions, such as severe harm to the wife if alimony is not provided. Therefore, based on the rule of necessity (qā‘idat al-iḍṭirār), this exception applies to all cases of a wife’s alimony, provided that the conditions of necessity are duly met. https://flj.isu.ac.ir/article_77892.html The accurate explication of the essential requirements of the marriage contract, which also leads to the identification of conditions contrary to its essence, is one of the challenging issues in family law and Islamic jurisprudence, with significant implications for the institution of family and spousal relationships. Given the prevalent distinction among jurists and legal scholars between the essence and the unrestricted scope of the contract’s requirements, there has been a consistent effort by researchers to identify instances of essence and unrestricted scope and to clarify their conceptual differences. The present study, in light of the conceptual inadequacy of the conventional approach, examines the condition prohibiting sexual intercourse and the perspectives of proponents and opponents of its invalidity. By adopting a fresh perspective on this condition and its place within the essential requirements of the marriage contract, and by distinguishing between the essence of the contract and the essential effects of the marriage contract, the study demonstrates that, from the viewpoint of societal norms . sexual intercourse is an essential effect of the marriage contract, and thus, a condition contrary to this effect is deemed invalid. https://flj.isu.ac.ir/article_77829.html The establishment of the prosecutor's office resulted from the existence of an institution that can be summarized in the protection of individual and social rights. The prosecutor, at the head of the public prosecutor's office, is responsible for important powers and duties, including monitoring the proper implementation of laws, prosecuting defendants, executing sentences, etc. His role is one of the most important, in addition to increasing the powers and duties of the prosecutor with the approval of the Criminal Procedure Law approved in 2012, in other regulations also in the cases of monitoring the judicial authorities and protecting the rights of the public, such as encountering with non- veil, without considering the control body and the guarantee of implementation is significant in its decision-making and performance, especially in social issues and challenges. In this descriptive-analytical research, while investigating the role of the prosecutor's duties and powers on the rights and freedoms of the eye in dealing with women who are not veiled, the existence of an independent and popular supervisory body over executive decisions in the current structural conditions such as the Islamic Consultative Assembly, the determination of the guarantee of strict and deterrent execution, increasing and improving the supervision and training of the officers, and drafting a comprehensive law to resolve the executive ambiguities have been suggested. https://flj.isu.ac.ir/article_77893.html Today, the growth of access to new reproductive technologies has created many ethical challenges. The importance of this issue is that new reproductive technologies such as in vitro fertilization, gamete donation, and surrogate uterus, despite helping to solve infertility problems, have raised new ethical issues regarding children's rights and genetic identity, which are often ignored in legal and ethical policies, and in many cases, the interests of adults have been preferred over children's rights. The aim of this research was to examine the ethical challenges of new reproductive technologies with an emphasis on children's rights, from the perspective of Brenda Amond, using a descriptive-analytical method. Among the important challenges of new reproductive technologies are the deprivation of children from awareness of their genetic identity, the redefinition of the role of parents, the destruction of the traditional family, the commercialization of the reproductive process, the birth of a child using deceased sperm, the design of babies with desired characteristics, the selection of deaf children, and human cloning. Among the findings of this study is that ignoring children's right to know their genetic background causes identity crises and undermines their rights. Therefore, more precise regulation of laws and ethical frameworks is necessary to protect children's rights and ensure their long-term interests. https://flj.isu.ac.ir/article_77966.html Research problem and purpose: The word "mother", a title that is respected and sometimes sanctified in all civilizations. Especially in the moral practice of Islam, mother and the description of motherhood have a unique position and are even considered women's rights. In addition to this statement; advances in the field of medical sciences and new methods of fertility and compensation for childbirth disability, including the IVF method or surrogacy, in which the embryo of the couple (fertilization of sperm of a woman and an infertile man in a laboratory environment) is placed in the womb of another woman until birth, poses a challenge and jurisprudential complexity to the assignment of the title of mother and the discovery of the real mother. From a jurisprudential perspective, the most important challenge will be to discover the identity and role of the woman who has the womb and assign the title of mother to each of the two women or the theory of true dual motherhood. The formative role of each of the women involved in this process, in accordance with current medical data, raises the question: Can both women be considered real mothers based on jurisprudential references and medical confirmations? In other words, can a child have two mothers at the same time with equal duties and rights? This issue has not been addressed in previous studies, and due to the novelty of the subject, Imamiyyah jurists have not entered into it. The purpose of this article is to examine various aspects of this issue and find a jurisprudential answer based on the criteria of Imamiyyah jurisprudence, including medical data. https://flj.isu.ac.ir/article_78044.html The main objective of the research is to explain and design a comprehensive framework for the civil liability of AI-based matchmaking platforms against damages caused by algorithmic errors and biases. The present study, with a descriptive-analytical approach, examines the principles of liability in Imami jurisprudence, focusing on rules such as guarantee, attribution, pride, and waste, as well as in Iranian law, and then, through comparative analysis, compares new approaches in the legal systems of the European Union and the United States. The research findings show that although there is a clear legal vacuum in the Iranian legal system regarding liability arising from the performance of these platforms, by relying on jurisprudential rules and accepted legal principles, a solid basis can be provided for proving civil liability. The comparative study also indicates that the risk-based and protection-oriented approach of the European Union, due to its alignment with the principles of justice in Iranian jurisprudence and law, is more adaptable to the legal needs of Iranian society. The conclusion of the research is based on the fact that the responsibility of the operators of these platforms can be considered both fault-based and strict liability in nature. Therefore, the intervention of the legislator and the development of clear and binding regulations to guarantee the rights of users and prevent possible abuses is an inevitable necessity. https://flj.isu.ac.ir/article_77982.html Research on the issues of jurisprudence of upbringing and guardianship over the upbringing of children has rightly received the attention of contemporary jurists. Ideological upbringing is the formation of the monotheistic belief system of the educator and is one of the areas of upbringing. Given the need to provide the criterion of "expediency" to legitimize educational measures, including ideological upbringing for children, the present study seeks to determine the indicators of the existence of expediency in the educational behavior of parents in the area of ​​ideological upbringing. The index is a quantitative and qualitative indicator, and the expediency index consists of statistical elements to investigate the existence of expediency in the subject of the educational measure in question. Conducting research using a descriptive analytical method and using interpretive and jurisprudential sources and books shows that the indicators of the existence of expediency in educational behaviors for religious education include trying to prove the Creator by simply explaining the attributes, taking steps to indicate monotheism and applying spiritual intelligence, teaching the Quran and Quranic teachings and teaching the Sunnah in the dimensions of the words and deeds and the interpretation of the Infallible (peace be upon him) to the child in accordance with the child's age conditions, and avoiding intemperance. These are the most important topics that are expedient and mandatory for religious education of children. https://flj.isu.ac.ir/article_77954.html Interpreted as a legitimate objective based on the doctrine of the margin of appreciation, public morals possess the legal legitimacy to function as a mechanism dependent on the cultural-historical and belief contexts of a society, thereby influencing the delineation of individual freedoms to create equilibrium between national interests and human rights requirements. Relying on an analytical-descriptive methodology, this study seeks to answer the following question: Does the obligation for women to observe chaste social dress, under the necessity of safeguarding public morals, constitute a valid justification within the human rights framework? The research findings, through distinguishing between secular and religious societies, reveal that in secular legal systems, although religion plays no direct role in the legislative process, certain institutionalized religious values embedded within the cultural fabric are redefined as components of public morals.In contrast to this approach, within legal systems based on religion, religious doctrines directly and fundamentally shape "public morals."Accordingly, the Iranian legislature's action, manifested through the prohibition of "sartorial norm-breaking" in discharging its responsibility to protect public morals, materializes as a legitimate reflection of national sovereignty rights aimed at safeguarding public morals. https://flj.isu.ac.ir/article_77985.html The stipulations embedded within a marriage contract are among essential jurisprudential-legal tools for safeguarding the rights of the spouses. One key challenge in this regard is examining the enforcement mechanism in cases where the performance of a stipulation becomes impossible due to the subject of the condition being revealed, after the marriage, to belong to a third party. The main research question is: If the husband, within the marriage contract, commits to transferring ownership of a specific property to his wife, but after the marriage it is discovered that the conditioned subject is legally owned by a third party and its execution is impossible—what is the enforcement mechanism for such a condition? This issue is a point of contention among jurists and legal scholars. Some have remained silent on the enforceability of such a condition within the marriage contract, while others who have addressed it hold opposing views. Some argue that such a condition, when fulfillment becomes impossible, lacks enforceability. Others believe the impossibility invalidates the contract or grants the conditioned party the right to annul it. Given the practical relevance of the issue and lack of thorough analysis by previous researchers, the article adopts a descriptive-analytical method. It examines views of jurists from both Sunni and Shia schools, presents arguments of both sides, and critically evaluates them. The findings suggest a novel perspective: in cases where the condition becomes impossible due to the subject being rightful property of another, it is possible to argue for the necessity of paying the equivalent of the conditioned subject. Although this view has n https://flj.isu.ac.ir/article_78052.html Abstract Dialogue between groups has been constantly considered in Islam. In this regard, dialogue between followers of different religions is of particular importance. On the one hand, the lack of awareness of the realities existing in religions and the incomplete, partial or distorted knowledge of their followers of each other has caused differences, conflicts and ultimately abuse by enemies. On the other hand, in issues related to women and the family, their first and second models (extreme and moderate) have not been able to meet the needs of this society, but have themselves caused double differences and created a bipolar atmosphere among them. Meanwhile, presenting a model based on the Quran and the progeny (AS) or the third model (the moderate model proposed by the Supreme Leader) and spreading it through dialogues between followers of religions, especially among their elites, can help create mutual understanding, reduce tensions and solve their problems, ultimately leading to synergy in the women's society. An important matter that has only been explained and its importance has not been examined so far, but the role of dialogue in it has not been examined. Therefore, this research, using library resources and a documentary-analytical method, has examined the importance of dialogue among followers of divine religions, focusing on women's issues based on the model of the Quran and the progeny, and has examined its effectiveness, necessity, importance and requirements, such as paying attention to the three areas of brainware, hardware and software, and common axes of dialogue such as political, economic rights, etc. https://flj.isu.ac.ir/article_78079.html According to the final paragraph of Article 1129 of the Civil Code, a spouse who is unable to pay alimony is placed in the same category as a non-restrained spouse who is unable to pay alimony at the beginning of the aforementioned article, and in both cases, the wife is granted the right to file for divorce. The question that can be raised is whether there is any difference between a capable and restrained spouse and a incapable restrained spouse whose heart is in paying alimony and who has made an effort to provide it, and whose reason for his restraining is only poverty and need? Although the application of the theory proposed in Article1129 that the wife has the possibility of filing a divorce lawsuit simply because the husband is unable to pay alimony is in agreement with the opinion of a minority of jurists, the well-known theory of jurists is that the husband’s inability to pay alimony does not permit the dissolution of the marriage by the wife or the judge, nor does it permit the right to request a divorce for her. The correct jurisprudential theory is that the wife is not permitted to request a divorce or dissolution, and the distinction between the non-incapable and the incapacitated spouse is unclear, and the practice of the courts in this regard is also inconsistent and scattered. In this article, by criticizing the basic jurisprudential theory of Article1129, the theory of a group of jurists who believe in the distinction has been strengthened, firstly, because it is more important to respect the strength of the family, secondly, because there is no permanent connection between not receiving alimony and the wife’s hardship, and thirdly, because of the possibility that the wife will be in more hardship after the divorce . https://flj.isu.ac.ir/article_77813.html This study examines the implementation of discipline and punishment of children by parents. Taking an educational approach, this article explores the concept of discipline in child upbringing and analyzes its theoretical foundations from the perspectives of psychology and educational sciences. In this regard, the role of parents in guiding children through various educational methods is analyzed. However, given the importance of legal dimensions in defining the boundaries of discipline, the article also references relevant legal frameworks to clarify the interaction between upbringing and the law. Accordingly, while explaining the concept and scope of discipline and punishment, an attempt is made to assess the strengths and weaknesses of Iranian laws by using a descriptive-analytical method and gathering data from library sources, comparing them with international standards. The findings of this study indicate that the Iranian legal system grants parents the right to discipline and educate their children, but this right is limited to adherence to human and ethical principles, and any excessive use of force is considered a criminal act. However, Iranian law lacks clarity in defining the permissible limits of corporal punishment, which may lead to varying interpretations by judicial authorities. Compared to international regulations, some countries, such as Sweden and Germany, have completely banned corporal punishment, while in countries like the United States and the United Kingdom, this right is conditionally recognized but is closely monitored by child protection agencies. These differences highlight the need for greater legal clarity in Iran. Therefore, based on existing legal gaps, this study underscores the necessity for a legal review and the formulation of clearer criteria regarding children's rights. https://flj.isu.ac.ir/article_77215.html The lack of correct criteria in determining cases of sexual violence against a woman by the husband has led to the emergence of various rulings and opinions in the cases of marital sexual violence, and from there, the laws and judicial procedure are based on Imami jurisprudence; The thematics of sexual violence and the re-reading of rulings related to it in jurisprudence are necessary. Several components have been stated for sexual violence against women, including "unconventional sex", "lack of consent of the woman", "injury and loss" and "failure to have sex". In the current research, which was conducted with the library documentation method and is of a descriptive and analytical type and using jurisprudential sources, in the comparison of the aforementioned components with the wife's sexual rights obtained from jurisprudential sources, it becomes clear that the consent of the wife is not involved in obligatory enjoyments and only In cases where it is not part of the husband's rights, if the husband is forced to have a relationship, it will be an example of sexual violence. Also, just having unconventional sex; It is not the criterion of sexual violence, and if it is accompanied by the woman's lack of consent or significant harm to her; It is a reliable criterion. In addition to that, not having sex, which causes the wife's fear of guilt or embarrassment, can also be an example of sexual violence against women. https://flj.isu.ac.ir/article_77150.html Consent of the wife in marital relations according to the principles of western legal systems is to have a sexual relationship and the husband is not allowed to have sex without the consent of his legal wife, but in the Islamic legal system the wife is obliged to submit sexually to the husband, the husband is allowed to Enjoying the wife. The question raised in this research is: according to the principles of criminal responsibility, how can the husband's acts of sexual violence be combined with the principles of his sexual abuse of his wife?Commenting on the analysis and description of the bases of criminal responsibility, and the binding principles of the mentioned offense; It can be concluded that sexual intercourse is not unconditional and absolute, and the husband is not allowed to have sexual relations with his wife by using violence and crime, but from the point of view of legal jurisprudence, the husband will be the guarantor of the crimes. Another question that was examined in this research is: Is the consent of the wife to commit crimes while having sex effective in removing the criminal responsibility of the husband? or not In this article, while analyzing and describing jurisprudential sources and laws, we came to the point that: the primary owner of the right to retribution or dowry is originally the victim himself.And since the origin and cause of this right is the rule of the monarchy, not the commission of a crime, as a result, it is not possible to distinguish between consent before the commission of the crime and after. And the lack of guilt is not considered the perpetrator; However, according to the famous decision of the jurists and the legislator regarding the effect of the consent and amnesty of the victim on the https://flj.isu.ac.ir/article_77735.html Islam has great importance to the family and emphasizes on preserving and strengthening of this sacred institution. God Almighty has provided solutions to preserve this institution in the noble verses of the Holy Quran. Since disobedience is one of the important causes of family collapse, therefore, the basic solution of the Holy Quran in disobedience problem is peace and reconciliation between couples, without the interference of others, and in the next stages, with the intervention of judges (Hakamein). This study aims to analyze the scope of couples’ disobedience in the verses of the Holy Quran and the jurists, jurisprudents and commentators’ opinions. It also examines the solutions provided by the Holy Quran to solve the problem of couples’ disobedience and separation (Sheghagh) between husband and wife. As well as, this research particularly deals with the importance of peace in resolving couples’ disobedience and separation from the perspective of the Holy Quran’s viewpoint. The present study is library-documentary in terms of method and fundamental-applied in terms of purpose. The results show that presenting a single solution to solve wife disobedience will be a wrong action due to the difference in motivations of disobedience in women. The findings also indicate that the proposed solution by the Holy Quran in the face of the husband disobedience is forgiveness and peace of the wife to reach the higher expediency and preserve the family and in the case of separation (Sheghagh), the mediation by judges (Hakamein). https://flj.isu.ac.ir/article_77748.html Economic exploitation of children and adolescents is a topic that has attracted less research attention. Therefore, the present paper has examined the conditions prevailing over child and adolescent victims through the lens of the crime of economic exploitation and within the geographical scope of Mashhad city. Since this small group is considered the breadwinners of their families, they do not face their families preventing them from working. However, human resources are considered among the most important assets of the country, and paying attention to their conditions will ultimately lead to the improvement of the situation of society in the future. Mashhad District 5 Prosecutor's Office (Shogh Zendighi Complex) is one of the specialized judicial authorities in Mashhad city that specializes in handling minors and the disabled. In order to explain the procedures of Shogh Zendighi Complex in supporting child victims, the present study has selected ten cases with the theme of economic exploitation of children and adolescents and examined them using the method of content analysis. The findings of this study show that the cases presented in the Shogh Zendig Complex support working children and adolescents in four areas: psychological, medical, economic, and cultural. For example, holding counseling sessions, providing educational conditions, providing family livelihoods, and medical care are among the interventions that are carried out under the supervision of the judicial authority in four different areas. Overall, the measures taken in this complex have resulted in the fact that supportive interventions for children and their families have led to a reduction in the number of working children and control of economic exploitation of children in the city of Mashhad. https://flj.isu.ac.ir/article_78056.html Abstract Scientific advances in the field of assisted reproduction have given rise to the novel phenomenon of embryo donation, which—due to its far-reaching implications for lineage, marital prohibitions (maḥramiyyah), inheritance, and the structure of the family—has generated significant jurisprudential and legal ambiguities within Islamic law–based legal systems. The central focus of this study is to examine the jurisprudential legitimacy of embryo donation in its various forms from the perspectives of Imami (Shiʿi) jurisprudence and Sunni jurisprudence, and to elucidate the legal consequences arising therefrom in the domain of family law. The research hypothesis posits that Imami jurisprudence, drawing upon its dynamic principles of ijtihād and legal maxims such as the negation of undue hardship (nafī al-ḥaraj), necessity (ḍarūrah), and the protection of the child’s best interests, possesses the doctrinal capacity to recognize the conditional permissibility of embryo donation within a framework of Sharīʿa-compliant safeguards. By contrast, Sunni jurisprudence has predominantly adopted a prohibitive approach, largely motivated by concerns over confusion of lineage (ikhtilāṭ al-ansāb) and the potential destabilization of the family institution. Employing a descriptive–analytical methodology grounded in the examination of classical and contemporary jurisprudential sources, legal doctrines, and modern fatwas, the findings indicate that while adaptive jurisprudential reasoning in Imami fiqh enables the formulation of a conditional framework for the permissibility of embryo donation, the Iranian legal system requires further legislative refinement with respect to lineage determination, inheritance effects, and civil registration of children born through such methods. Such reforms are necessary to strike a coherent balance between the therapeutic imperatives of infertility treatment and the preservation of Sharīʿa principles and public order in family law. https://flj.isu.ac.ir/article_78066.html All persons are forced to act as proxies in some of their affairs and accept proxies from some other persons. What actions can be performed by the vice-chancellor requires specific criteria and rules. The jurists have discussed this criterion and considered its criterion as belonging to the purpose of the Shariah to stewardship in practice, or that the order of the Shari'i effect is dependent on stewardship in practice, and in general, referring to Arba'a evidences, Shari'ah, rational and customary have introduced as a way to discover the mentioned dependency and where the existence of the mentioned dependency is doubtful and cannot be discovered by the aforementioned methods, they have considered the establishment of the principle according to the principles of deriving the legal ruling as the way out of this doubt and Famously, they have chosen the principle of representativeness of actions. In spite of the aforementioned criteria and principle, there are some actions in terms of proxy acceptance, the most important of which in family law are: zahar, ila'a, la'an, proxy of the spouse in the return from divorce, proxy From the husband in divorce with his presence, the wife's representation from the husband in his own divorce and the unbeliever's representation in the marriage of the woman are permissible. The upcoming research aims to investigate the representativeness of the mentioned cases.