Family Law and Jurisprudence Journal
Year:2018 | Volume:23 | Issue:68 |Papers Count:8

Alimony (Nafaqih) is a lawful obligation upon the husband according to the marriage contract. Although the law has been observed in Article 963, Iran’s Civil Code, the unequal nationality marriage is accordingly considered under the nationality of the husband. In this case, the status of alimony in terms of due date and procedures, especially to observe the conditions of non-Shiite couples, has caused incompatibility and disagreement of codes not only on nationality also on religious rules, namely, diverse creeds of jurists (Fatawa) at shiite courts. On the other hand, the jurists' agreement in applying the Rule of Binding in divorce or inheritance can also be applicable in other relevant cases. Applying comparative study method, this article investigates incompatibility and disagreement of rules in the issue of alimony, assuming that the Rule of Binding is a multidimensional application.

The crime of rape is punishable only by the execution of adulterer according to the article 224 of the Islamic Penal Law coded in 1392. According to the criminal procedure law, the woman who is the victim of this crime must receive the necessary legal protections. In addition to having a fair trial and punishment against the perpetrator, the physical, emotional and psychological damage of the victim should also be compensated. Nevertheless, prescribing abortion due to the different decrees of jurists is not so simple. Some jurists try to justify the possibility of abortion by referring to Shariah general rules such as La-Haraj rule, meaning not enduring difficulty or harm for mother due to the bearing child or even the issue of self-defense. Moreover, severe psychological conditions of woman, her reluctance and dissatisfaction of bearing child and also the imposition of inconvenience by family and society put more emphasis on the possibility of abortion. Yet the issue is controversial especially among the majority of oppositions who think the reverse. On the other hand abortion is contrary to the right of living. The human being regardless of race, color, religion and origin is entitled to enjoy all human rights in spite of the crime of a parent.

Revocable divorce is a type of divorce in which the husband can return to the former marriage by rejoining the wife during Iddah. Many studies have already presented the role of revocable divorce as the family amendment. The present study tries to investigate this role as well as to assess the current legislative and judicial policy in Iran. By examining the Quranic evidence, narrations and decrees of the jurists the revocable divorce is one of the wisest devices for the survival of family unit that is considered in Islamic law; provided that the husband rejoins the wife with reconciliation intention. Regarding the possibility of detriment intention of husband to abuse the wife, the husband is allowed to rejoin the wife only twice according to the Islamic Law. Considering the benefit of revocable divorce, Iran’s legislature however, adopts a neutral uncaring viewpoint on subsequent issues, for instance, the ignorance of the right of residing in a shared house after the divorce. In addition, long formal processes of divorce or bad attitude of judges generally ends with the issuance of irrevocable divorce. Regarding the current trend in the courts of Iran this malfunctioned procedure should be amended for the benefit of revocable divorce.

Infertility is one of the main issues in the matrimonial life that would cause some serious discrepancy between the couples. Family consolidation requires implementing modern fertility support methods. The establishment of the embryo bank and subsequently the donation of fetus as a method of fertility has long been the subject of jurisprudence. The jurists investigating this issue present three theories namely, absolute sanctity, absolute permission and separation theory. This article presenting those theories would also investigate the foundation of the legitimacy in donating embryos from Islamic jurisprudence point of view. It believes that the establishment of the embryo bank and the jurists' support on its legitimacy is an important step in the family consolidation, especially for the family that is about to collapse as the result of infertility.

Population control is a widely adopted policy in western countries, which is executed on an international level. However, such policies are against the Islamic law and aim to decrease the population of Muslims across the world. The implementation of this policy has caused significant damage to families, especially in developing Islamic countries. The present study aimed to determine the damages of the population control policy in families by reviewing the history of the population control policy in Iran, recognizing the goals of these policies, and exploring the viewpoints of jurists toward birth control. The results revealed several damages due to the execution of population control policies, including educational and ethical problems in children, permission for abortion and neutralization, and disease occurrence in men and women. Therefore, birth control and family planning policies must not be implemented. In addition, families should be encouraged to reproduce, while proper methods must be adopted for the management of the increased population.

Restorative justice, as a flexible criminal policy, tries to create a compromise between the victim and the perpetrator and their families by observing victim rights and reaching to a bilateral peace. Family crimes, due to the special circumstances governing the proceedings and certain determination of the penalties for these claims, require a flexible and proportionate policy so restorative justice can play an effective role in this regard. The present paper seeks to answer these questions. Firstly, what is the role of restorative justice in the criminal justice system of the family and secondly what are the implications and guidelines of the new criminal law in this regard? Therefore, in this article, along with emphasizing on the necessity of restoration policy in family crimes, consideration is given to some examples like conditional release. According to the volume of such cases, the legislator's restorative approach will generally not be confined only to family crimes.

A firm well- structured society would not bring about progress and freedom unless with the contribution of all strata. Among the all contributors, the role of women to provide an inner consolidation is undoubtedly significant. The view of Iran’s Supreme Leader in this matter, the subject on which this article is accomplished, will profoundly be considerable for every devoted Muslim woman. Applying descriptive explanatory method this research first finds the fundamental elements to the consolidation in the society by analysis the content of His Majesty’s quotes. Then it extracts the duty of women in a relevant social contribution. According to His Majesty’s point of views women have great influence to strengthen the inner basis of the society by: making a firm family structure, upbringing the next devoted generations to the Islamic revolution, encouraging husband and children to defend the Islamic society, standing against cultural invasion, building up a spiritual life, contributing in the economic policy of resistance and last but not least gaining knowledge.