PAZHUHESHNAME-YE ZANAN (WOMEN’S STUDIES)
Year:2018 | Volume:9 | Issue:3 (25)|Papers Count:8

Throughout history, women have been subjected to various types of violence for various reasons in all human societies. Violence against women, given their constructive role, will have irreparable repercussions for society. The general objective of this criminological research is to identify societal factors affecting the men’ s violence against women in Zahedan. The present study is a survey on 160 women aged 19-65 years old in different parts of the city with non-probability and proportional sampling. The data gathering tool was questionnaire and, after the preliminary test, the validity of the concepts of the questionnaire was evaluated according to Cronbach's alpha coefficient. In this study, violence against women was defined as five physical, psychological, social, economic and sexual dimensions phenomenon. The total average of violence in the four categories is 2. 49, that the average of psychological violence and the average of sexual violence get the highest and lowest rates respectively. Analytical findings also show that men addicted to drugs are more likely to resort to violence against women than non-addicted men. The increase of the acceptance of gender stereotypes beneficial for men increases violence against women, and as men’ s socio-economic status is decreased the violence against women is increased.

One of the controversial verses for many Muslim thinkers is verse 34 of Surah Nisa. Husband’ s supervising authority over wife, the system of alimony and obedience and the correction stages in the case of wife disobedience have been determined in this verse. Through a look at the history of the verse’ s interpretations, we see that the interpretation of the verse has been evolved in modern time. Analyzing the discourse of the interpretations, we conclude that a hierarchical and ranking system was dominated among men and women in pre-modern interpretations, while in the modern era more emphasis is placed on the differences so that the concept of ‘ equality without similarity’ is grounded on empirical science assumptions in the era. This system is based on a socio-political viewpoint in which the authority of one person over another is rejected; however, achieving certain positions is considered as natural mainly due to gender differences.

while Sunni jurisprudence has forbidden temporary marriage and just recognize permanent marriage as a correct one, the expansion of communication and the obstacles and problems of permanent marriages lead to new and abnormal marriages such as secret marriage, marriage with the intention of getting divorced and days and nights marriage (al-leyliyat va al-naharat), among which the secret marriage is more popular. These marriages, supposedly, are permanent and usually are designed for temporary benefits by nullifying some of the wife’ s rights. In some cases, these marriages have all the elements and conditions of marriage and in some cases they lack some of them. But anyway the obvious features of these marriages are, respectively, ‘ not announcing’ , ‘ intention of getting divorced’ , and ‘ meeting just in nights or days’ . These types of marriage on the one hand bring about many social, legal and psychological problems for couples and society, and on the other hand, since the prevalence of these types of marriages and the lack of a consistent view on the nature and legitimacy of them, studies and researchers should be done on the issue, which the present paper is one of them.

Individuals' capability or incapability to regulate emotions, stressors, anxiety, and depression play an important role in the emergence of delinquency and ways to correct them. The purpose of this study is to investigate the role of these variables in differentiating guilty women from healthy women and to study the importance of psychological issues in our legal system from a criminological point of view. The statistical population of this research was the total number of female prisoners in Isfahan city in 1394, of which 50 women were selected based on entry and exit criteria, and 50 women were also selected from healthy people. The research tool was 2004 Gratz’ s ‘ Difficulties in Emotion Regulation Scale’ (DERS) and DASS_42 scale. The results of the analysis showed that anxiety and depression as well as one of the subscales of Difficulties in Emotion Regulation Scale (limited access to emotional regulation strategies) could distinguish the healthy group from the guilty one. As a result, criminologists and authorities should consider aspects such as controlling emotions and mood and anxiety problems in addition to cognitive, economic, and cultural capabilities in order to do preventive actions. Given the role of psychological variables in criminology, paying attention to psychosocial issues at the time of approving specific laws, their implementation, and all judicial processes is strongly recommended.

According to the theory of perfectionism, citizens are interested in spending a worthwhile life, and it is typically important for them to enjoy a desirable life. On the other hand, the existence of government is to help individuals pursue their interests and enjoy a virtuous life; therefore, it seems natural, just as the government is concerned with issues such as order, security, health and justice, and protecting the rights of individuals, it helps people to actualize their desirable life. An important issue in the scope of​ ​ power exercise and the probability of citizens’ rights and liberty restriction occurs when governments appeal to criminal law and punishment to expand religious values and morality. In the domain of Taziri crimes in our country, one can see instances of this kind of conduct in the field of institutionalization of the religious veil, modesty, and public chastity. However it should be noted that some of the levels of self-preservation and growth in the field of morality grounds in education, training, instruction, counseling, and the institutionalization of the commitment to ethics and human virtues, and obviously, the government's criminal intervention in these affairs, that is criminal virtuism, is ineffective and violates spiritual values. Nevertheless, the main result of the present research, written using descriptive-analytic method, is that attention to the above issues can prevent the criminalization model in Islamic law system to become bigger, and one can introduce this model through a different and reasonable approach, the one that gets more social acceptance and is closer to God’ s affection and mercifulness.

Sex change is one of the most controversial social debates in today's world. Many people regard this phenomenon as a deviation, however many doctors consider it as a disease needs to be treated. Since the law in Iran seeks to regulate people social relations in accordance with its religious and legal principles, it should theorize and comment on sex change. The important questions we are faced in this research are as follows; what is the legislators’ position, given our religious law and jurisprudence, on sex change, in particular women sex change? What problems she has to face after the change? And what changes are accrued in the field of her rights and shari’ a duties? Defining medical, jurisprudential and legal concepts of sex change, we will analyze, through a descriptive-analytical method, the various legal-jurisprudential opinions on sex change. We will finally conclude that in case of emergency, which is in the discretion of judges and specialist doctors, sex change is permissible.

In this research, we address the arguments against women judgeship which are usually based on Al-sī ra (the biography or method of life of Prophet or Imams), consensus and principle, and since they consider manhood as the requirement of judgeship, we attempt to reasonably criticize the arguments. This paper emphasizes that 1) the sī ra is influenced by the cultural and environmental causes and factors so it cannot be construed as a proof; (2) in all conditions and respects the principle is permissibility, not prohibition. Besides, from the narrations saying ‘ refer to wise persons’ one can infer that women are also qualified candidates since the sayings did not restrict wises category to men only; (3) the consensus is not considered as a valid proof by the Shiite unless it is intended to discover Imam's judgment. The findings of the research show that opponents’ arguments against women judgeship are invalid and unreliable.

In some cases, one of the witnesses of adultery may be the husband of the adulterous wife. Most jurisprudents believe that the husband’ s testimony upon his wife is acceptable and proves the Hadd (Sharia punishment) of adultery. On this basis, most of the well-known jurisprudents consider the husband‘ s testimony upon his wife acceptable unless he has defamed his wife by adultery accusations before the testimony. Some others distinguish between penetrative and non-penetrative intercourses and believe that husband’ s testimony is justified only in the second case. On the contrary, some other jurisprudents consider husband’ s testimony upon his wife unacceptable and believe that it does not prove the Hadd (Sharia punishment) of adultery. The findings of the research show that the recent statement has strong and credible bases and, in general, seems justified. In addition, the punishment law, although is explicit in this issue, the application of Article 177 can be regarded as a confirmation of the statement.