THE JUDICIARY’S LAW JOURNAL
Year:2011 | Volume:74 | Issue:72|Papers Count:8

According to the twelfth term in formal marriage deeds, in case of husband’s remarriage, the wife can divorce herself on husband’s behalf. Legal procedure used to consider court’s vote to husband’s right of remarriage ineffective in realization of this term; even if the cause of the vote was wife’s disobedience. The precedence verdict issued by the Full Branch of the Supreme Court, opposed to the current legal procedure, has considered wife’s disobedience a hindrance in realization of this term. This vote is based upon right abuse prohibition rule, compelling the wife to obey, enormity of rewarding disobedient wife, and admission of this notion in adjudications of religious jurisprudents. While each of the above can be answered, the most important weakness of this verdict is that the position of the precedent verdict is interpretation of law, an entity derived from legislator’s will; thus the verdict is generally dominant. Whereas the implied term is derived from parties’ will. Also, according to 167th principle of the constitution, a reference to religious resources and reliable adjudications is dependent upon ambiguity, imperfection, conciseness, or contradiction of legal texts; while the current issue has just contractual aspects.

Legal entities occasionally entering our legal literature should be naturalized so as to be coordinated with the principles and fundamentals of our internal law. Embryo donation is a newly-born entity subject to a principle often called “anonymity”, “secrecy”, or “privacy” in its hometown. In the Iranian law, due to conciseness of the Embryo Donation to Infertile Couples Act, and inconsistency between its regulations and the governing rules and legal principles, there are doubts about the secrecy principle. This paper seeks to explicate the existence or absence of this principle through investigating the current rules and to propose a solution for the current gaps; including the necessity for a change in the Registration of Identity Documents Regulation and asserting a refusal of the secrecy principle in the Embryo Donation to Infertile Couples Act.

The closer the scopes of morals and law become, the more difficult observing legal logic and attaining justice will be. In fact, in case of family, the boundary between morals and law, emotions and justice, fairness and advocacy and other non-consistent concepts gets darker and contrasts rise. These contrasts not only happen in legislation but also confuse the judge; because in addition to issuing verdict, the responsibility of finding the subject of claim is also upon him; which may cause the judge to be deviated as a result of mixing things up with emotions. In this course, the judge should notice this fundamental tenet that it is critical to have a true interpretation of rules in addition to finding the subject and the correct rule. This is a difficult burden closer to legal intuition than written or verbal deduction.

In etiology of crimes, a logical differentiation can be found between crimes committed by men and women. All around the world, studies about crimes committed by men and women have proved a definite relation between these crimes and gender role of their committers.In this paper, by studying the number, extent and pattern of crimes committed by Iranian women during the last two decades, we will show that although the number of women convicts has quadrupled, the ratio of crimes committed by women to all crimes has remained constant and even dropped a little. Furthermore the pattern of crimes committed by women in Iran is traditional and more focused on moral crimes, sexual crimes, and drugs; this is consistent with findings of theories based on the relation of biological, personal, and social causes with crime commitment.

Since long ago, legal authorities of judiciary have disagreed about article 1085 of the Civil Code in regard to the scope of wife’s refusal right. Some have restricted it to particular and others have extended it to particular and general disobedience. Such disagreements and the issuance of contradictory verdicts finally urged the Full Bench of the Supreme Court to issue a precedent verdict. According to the verdict the meaning of refusal right in the aforementioned article is general disobedience.

In 1985 the Afghan jurist Hasim Kamali wrote the following in his book Law in Afghanistan: In Afghanistan, a man may acquire a wife in any one of the following four ways: he may inherit a widow, gain a bride in exchange marriage, gain a bride as compensation for a crime of which he or his relatives were the victim, or pay a bride price. Inheriting a widow, exchange marriage and wives as compensation for a crime are all not acceptable according to shari’a standards and of course do not conform to human rights standards.The aim of this article is to explore whether this situation still prevails more than twenty years after the country went through the experience of Soviet occupation (1979-1988), which had a clear tendency to secularise the legal system, the time of re-establishment of the Islamic system during the rule of the Mujahidin, the civil war (1988-1994) and the Taliban who tried to impose their strict interpretation of Islamic law on the country (1994-2001).