Islamic Journal of Women and the Family
Year:2024 | Volume:12 | Issue:2|Papers Count:7

Self-differentiation is a contextual phenomenon and dependent on environmental and social conditions that is formed and experienced in a dynamic process under the influence of various conditions. This qualitative study aimed to explore the formation process of self-differentiation in families using the grounded theory approach (systematic type). The population included married people aged 30 to 45 living with their own families in the city of Tabriz, and 17 of them were selected by the judgmental sampling until theoretical saturation was reached through semi-structured interviews. The data analysis was done simultaneously with the data collection using the theoretical approach (during three stages: open coding, axial coding, and selective coding). Finally, 461 initial codes were extracted and categorized into 117 subcategories and 18 categories, which were classified into six sections of the paradigmatic model, resulting in the development of a middle-range theory. The findings suggested that progress motivation and challenging conditions lead people to intellectual independence, identity seeking, and social dignity, which are the central phenomena of the formation process of self-differentiation. Additionally, if people are influenced by intermediary conditions, such as gaining different experiences in life, self-determining characteristics, communication with successful models, social and cultural structures, contexts, and events in the family, as well as the cooperative/supportive atmosphere of the family, they will carry out strategies, like responsible, cooperative, and considered behaviors, and will try to control emotions, which these strategies lead to success and progress in life, satisfaction, self-reliance, and the improvement of the quality of relationships.  

Observing action and vision factors guarantees the health and efficiency of the family. The family sanctification, which is a kind of conventional perceptions, is formed through complex mental processes in couples' imagination and mind, and is effective in the realization and transformation of the family members' attitudes. Therefore, this qualitative research was conducted with the purpose of investigating the role of family sanctification in the factors of family stability by analyzing the Quranic and narrative themes using the thematic analysis. Based on the exploratory model, how the attitude of sanctification toward the family affects the fundamental factors of family stability, i.e., the observance of moral principles, and the realization of legal and God-centered systems was examined. The results showed that according to the realization of the formation of the perception of "family sanctification" in the individual and the role that is formed for him/her in creating and strengthening this attitude, the individual can overcome the destructive factors in the family stability. In addition, by creating this attitude in the individual, he/she can play an important role in the stability, strength and efficiency of the family by influencing the mediating factors that realize the fundamental themes of family stability.

The teachings of Nahj al-Balagha, which is one of the authentic narrative sources, has a valuable place among Shiites, and since the followers of Imamiah believe in the infallibility of its speaker, Imam Ali, it is necessary to evaluate the narrations in this book in terms of document, text, and the issue quality. The Hadith of "Qellat al-Eyal Ahad al-Yasarain", which Seyed Razi mentioned it as the 141th wisdom of Nahj al-Balagha, is one of the challenging sayings related to the issue of having children, which today has different interpretations. The need of the Islamic society to increase the generation has added to the importance of examining the content of this narrative; thus, this study was conducted with the aim of rereading the 141th wisdom of Nahj al-Balagha with an emphasis on the religious necessity of reproduction with an analytical-documentary method. The results indicated that there is no incentive for the audience to reduce the number of children in that narration. Based on evidence, such as the consonance of Imam Ali's words in this wisdom with logic and its alignment with experiences and intellectual data, it can be understood that Imam Ali's speech was only expressed in view of an external truth, and it cannot be seen as negating the desirability of having children. The Quranic, narrative, jurisprudential, and psychological teachings as well as the life of Ahl al-Bayt are also based on such a belief, that is, the significance of having children and reproduction through the birth and education of worthy children, which lays the foundation for growth and progress of the society.

The sexual relations of couples have an effect on their other relations and provide one of the main purposes of marriage, i.e., reproduction, which is evidenced by the existence of many Sharia rulings on this matter. Therefore, investigating the sexual dysfunctions of couples, especially the wife, and its impact on their rights and possible conflicts in this matter, is of particular importance. The purpose of this research is to examine the question of whether there is a conflict between husband and wife's rights in the assumption of sexual dysfunction of the wife. It was conducted in an analytical-documentary way. The findings showed that, contrary to the prevalence and variety of wife's sexual disorders, only two cases of these disorders have been counted by the legislator, which in turn causes confusion in judicial opinions. The results indicated that there is no conflict between husband's duty to pay alimony and dowry and wife's sexual dysfunction, and husband's duty to pay them is a fixed thing, and wife's sexual dysfunction does not cause her rights to be revoked. But in the case of wife's sexual hyperactivity, her right to have intercourse once every four months is excluded, and husband's duty to have intercourse has no time limit, which indicates the existence of a conflict between spouses' rights and duties in this matter. The findings also showed that the legislator, contrary to the prevalence and variety of wife's sexual disorders, has counted only two cases of these disorders, which in turn causes confusion in judicial opinions.

Changing the amount of dowry after the marriage is one of the legal issues affecting the couple, as a result of which, the party who does not benefit from this legal act requests the annulment of the mentioned legal act. The legal status of the issue is controversial due to conflicting legal documents and different views about the changeability of dowry after the marriage, both in judicial procedure and from jurists' point of view. This study was conducted with the aim of identifying the origin of the conflict of the judicial procedure about the possibility of changing the dowry after the marriage and presenting its solution, in order to achieve a scientific answer in establishing the unity of the judicial procedure in this issue. For this purpose, all the statements related to the issue were reviewed and the results showed that it is possible to reach a result in this issue by explaining the nature of the dowry in terms of changeability. Therefore, the proposed viewpoints about the nature of the dowry, such as the exchangeability and the non-exchangeability of the dowry (which included three views, namely, the dowry being considered an independent contract, the dowry being considered an obligation alongside the contract, and the dowry being considered a quasi-contract) were collected and analyzed in an analytical-documentary way. It was also concluded that dowry does not have an exchangeable nature and is an independent task that a man is obliged to perform. Although the principle of existence of dowry is an imperative rule, its amount, dependent on the agreement, has two wills and there are many reasons that indicate that it can be changed after the marriage. As a result, it is suggested that the Supreme Court of the country end the conflict in the judicial procedure by issuing a unifying opinion.

The present research was conducted with the aim of investigating the effect of divorce on the departure couples from chastity through an analytical-documentary method; thus, all related jurisprudential-legal sources were reviewed and the prohibition of different types of divorce in the realization of chastity was analyzed from a juridical and legal viewpoint. The results showed that there is no difference between the jurists regarding the prohibition of complete divorce in chastity, but there are different opinions about the prohibition of reversible divorce and emotional divorce (spouses' hatred of each other and family differences). Therefore, by finding the criterion of leaving chastity, it can be reached the jurisprudential verdict of reversible divorce (in all cases) and emotional divorce (in all cases) in preventing the realization of chastity. The found criterion for leaving chastity are as follows: the impossibility of meeting the sexual needs of husband and wife, which includes people in reversible and emotional divorce, and that verdict can be arranged for these people as well. Also, by referring to the rules of Dar and caution in Dema, it is also possible to decide to leave couples from chastity in reversible divorce and, in some cases, emotional divorce. Although, due to the differences existing at the time of the approval of the Islamic Penal Code approved in 2013, no explicit comment was made regarding the prohibition of different types of divorce in the realization of chastity, the cases stated in Article 227 of that law are illustrative from the legislator's viewpoint, and are not limited to those examples. Accordingly, there is the legal capacity to consider all types of divorce as examples of leaving chastity.

The issue of the limitation of wife's will in referring to compensation (Fidyah) is necessary thanks to its practical prevalence and the problems caused by this condition. Although the sovereignty of individuals' will is respected in the realm of marriage, the interests to protect the family stability and the policy of facilitating the reversibility of divorce requires limitations in the way the authorities are exercised. Among these cases, the way of interfering the woman's will in referring to compensation (Fidyah). The present research was conducted with the purpose of investigating the limitation of the authority to refer to compensation (Fidyah) in divorce, in an analytical-documentary way, and the question whether the limitation of wife's will, in the forms of "revocation of the right to refer to compensation (Fidyah)", "condition of negative legal action" or "peace" and the like, is possible or not, was answered. By referring to the evidence, foundations and analysis of the core of the right to refer and its relationship with the interest of the family, it is clear that in the divorce of Khula and Mubarat, the woman's action in limiting her will in this regard is not effective. After the divorce (until the expiry of the idah), the right to refer also remains, and so the wife's will won't be limited in the interval between the preliminary agreement and the divorce. In the case of the man, the condition of referring to the woman before the woman refers to compensation (Fidyah) is against Sharia and is the requirement of being complete, and as a result, it is invalid. In regard to the divorce of compensation (Fidyah), the reversible divorce or complete divorce and their rulings, are in the hands of the Islamic legislator, and have a ruling aspect and not a legal aspect. Therefore, it won't be possible to limit the will in both stages (in the period of preliminary agreement and after divorce) by the comparison of priority.