Family Law and Jurisprudence Journal
Year:2020 | Volume:24 | Issue:71 |Papers Count:7

One of the effects of marriage is Musaherat (in-lawship) which forbids men and women from marrying to others temporarily or forever. Unauthorized marriage (aghd-e-fozooli), like unauthorized transaction (bai’-e-fozooli), has its own rules and regulations, Musaherat as the case is included. In unauthorized marriage if a man is genuine (asil) he cannot marry the fifth woman or wife's sister and if a woman is genuine then she cannot marry another man while divorce would be effective. On the basis of Discovery (kashf) the genuine cannot terminate the marriage, however based on the narrations he is eligible to do so then on the basis of Discovery any engagement beyond the boundary would be prohibited. In case of unauthorized marriage if he marries someone else and then the spouse accepts the marriage the subsequent marriages would not be correct based on the Real Discovery, however effective on the base of the Verdict Discovery.

Article 945, in accordance with Imamiyah jurisprudence, has overlooked the circumstances of a marriage contract which terminates by the death of the ill husband. The conditions of this exclusive edict need more investigation in terms of capacity, cause and duration of the illness. The question is how that would be considered in case of marriage with an ill woman? This article applying descriptive-analytical approach seeks to unfold the ambiguities of the Article 945 by adopting the means of measuring certainty in exceptional cases and juridical basis. The conclusion says that the Article will be effected only when the illness soon ends up with death while no intercourse has already occurred between the couples. Accordingly, although the prime awareness of the illness has been considered neutral in the edict, the edict is not applicable in case of ill woman.

Children’ s education whether individually or collectively, plays a great role in the improvement of society as well as individuals. This responsibility is upon the shoulder of a natural guardian or formal executor in case of the demise of the natural guardian. Assuming there would be no kind of guardianship then who would be in charge of the child’ s education? According to the evidences the duty is upon the religious authority (Hakim-e-Shar’ ) whose guardianship is approved by Shariah. Apart from the absoluteness of the relevant proofs and also in order to maintain the administrative authority, other sources also count on consensus and traditions to accentuate the duty of the religious authority over the education of unattended children and orphans.

Nowadays the majority of court cases belong to the family lawsuit. lawsuits cover most of the cases brought before the judiciary. The importance of the family and its profound impact on the community and the requirements of family, necessitates the establishment of some principles regarding family lawsuit. Establishing new rules however requires building new family litigation procedure as the civil law cannot meet the obligatory requirements in the family cases consideration namely quick, easy and precise assistance. The new family protection Act was approved to resolve the existing problems however to some extent it changed the rules of civil procedure and in some cases brought about innovations. Nonetheless, reflection over substantial issues has caused a gap between the newly codified Act and its initial purpose. In this article with explaining the principle of family litigation and by reviewing the Act and studying other legal systems such as France and England, we study the procedure governing the family cases from the perspective of the given principles. the study approves the efficiency of the new family protection Act.

In early 20th centuries, criminological efforts were focused preventing on the basis of biological causes. Many of these strategies included epidemiological proposals that are now immoral and blamed. Biological chemistry and crime control policies have been reproduced with the complexity and attention of the importance of social contexts. In addition, the prevention of developmental circuits, with particular attention to risk factors Biology was very effective at criminology in the early stages of life, especially in the family environment as the first constructive psycho-social personality environment. This article examines the relationship between biology and modern prevention. Biomedical Family of the New Prevention of Crime. In this article, we will review the theoretical and practical narrative of biology and growth prevention in an analytical-descriptive manner. There are many preventive programs that increase the risk of chronic criminal offenses in adolescents and young people, including the low age, single, unemployed Being busy. These programs are found in families, schools, and civil societies, and evidence suggests that these programs can reduce crime, and, in addition to saving huge financial resources in the fight against crime, people who are committed and efficient In addition.

Mahriya philosophy was a pleasing affair for a woman to start a life. As soon as the marriage takes place, the woman owns the mahriyah. When she want, and when she requests must be paid this the debt. The dominance of misconceptions and rivalry has caused numerous in limit of mahriyah has given the eye and eye of metathyroidism. Lack of enough skills to solve family disputes, Patience and tolerance of young girls and Immediately and promptly referring to press her husband by resorting to get mahriyah has caused a lot of damages. Since The Law of the Implementation of Financial Convictions has benefitted from prison. women Imprison her husbands by misusing this rule. Since the law on how to execute financial convictions has been used to disenfranchise individuals, it has been the subject of family lawsuits. This article is an analytical and descriptive method of jurisprudential and legal criticism of denial of couples' freedom in mahriyah lawsuits. The monopoly of deprivation of liberty appears to be defensible in cases of deliberate non-payment of dowry despite financial hardship. In other cases, attempts to resolve the main family problem by consulting, and practicing religion rather than depriving the husband of a better life can be Achieve life and marriage goals and take a step toward reducing divorce rates and inmates.

Right to family is a fundamental right for all human beings which is also considered for persons with disabilities according to the right-based approach. The concept includes right to marry, family life and childbirth. With regard to the disabled physical, mental and psychological status, it is important to recognize and guarantee such right. This article seeks to answer this critical question that which international instruments have recognized the right to family for persons with disabilities and what are the challenges in family life of such people. This article, using a descriptive-analytic method and by investigating several international instruments reveals that this right has been recognized in the international human rights, treaties, interpretive theories and reports and governments are bound to implement these rights. The disabled face numerous challenges including poverty, isolation, limited socializing, experiencing no sexual relationship and childbirth as well as violence and harassment due to the poor social service and enjoying no benefit from their own legal rights.