PAZHUHESHNAME-YE ZANAN (WOMEN’S STUDIES)
Year:2019 | Volume:10 | Issue:3 (29)|Papers Count:7

Mother as one of Parents is very important and has very significance status. Reverence and respect for the mother is considered immediately after monotheism(Taw hid) in the verses of Quran. Revealed to the mothers of the prophets like Moses and Jesus addressed as Revelation. The magnificent status of mother is emphasized in utterances of prophet and shiite Imams. Shiite Jurisprudence Sources also have expressed some law concerning the rights of mother. This study has shown that the legal privileges of the mother in jurisprudential sources are in no way equal to the position of the mother in the Qur'anic teachings. it seems that the position of mother in Shiite Jurisprudence Sources is defined just as a vessel or container for keeping the sperm, as they considered the child after giving birth to join and belong to the father. In the discussion of genealogy, breastfeeding, custodyand guardianship, no rights have been given to the mother by These Jurisprudence Sources. However, in the Quranic teachings the child belongs to the parents, both father and mother and also the Quran emphasized the right of custody for mother.

Enforced Disappearances of Persons is one of the very serious crimes, and in some cases, it is international crimes which may be done by governments against their opponents. This crime which may be done both in wartime and in peacetime, puts civilians increasingly targets of violence, and affects their families by creating an unknowing and uncertainty state of the existence of the victim. Accordingly, in the present paper, while assuming the notion of forced disappearance, the hypothesis of the paper seeks to prove that, although a small percentage of the direct victims of this crime are women and children, the women and children incurred greatest damage and injuries from committing the crimes. Indeed, after examining the procedures of judicial and quasi-judicial international institutions, it is proven that the commission of the forced disappearance of individuals significantly deprives victims from many human rights such as the right to life, the right of individuals to identify the legal personality, the right to prevent torture and inhuman treatment, and the right to know the truth.

This research intends to study reasons for " Adde " commandment in non-revocable divorce and death So in perspective of this research, Be specified "Adde" Sentence about Women who are qualified to ure womb from conception. Many scholars decreed the necessity of "divorce" have By arguing generality of the arguments for the need to "Adde" and knowing Hekmat following are some traditions that have been raised manā ṭ , the were introduced need to "Adde" in order to semenes incorporation of and lack of "Adde" due to the uterus being empty. On the contrary, Some jurists with an emphasis on causality aforementioned manā ṭ , Based on incorporation of or being empty the uterus Have concluded the necessity of "adde" or a lack of it. According to the author With the knowledge lack of incorporation of semenes And being empty the uterus in any way, It can be concluded lack of judgment "adde" to due to the lack of reason And a lack of "adde" to the existence of its cause And document it, as some of the texts "adde" is Which implies causation wo mentioned manā ṭ example:

Maintaining human dignity necessities giving full autonomy of body and soul to people. But because of Patriarchal history of criminal and civil legislations in may countries, this autonomy needs certain guaranties and revision of certain legislations. Reviewing Iran’ s statutes regarding the bodily autonomy of women in their sexual relationships in marriage indicates the silence of legislator toward the subject of forceful sexual requests of husband and lack of any appropriate response toward marital rape. It is possible that with a precise analysis of Islamic jurisprudence, a criminalization of marital rape can be proscribed. A criminalization not just to punish husbands but to give the needed support to the women in spousal relationships and to abolish patriarchal interpretation of legal rights and obligations of husband in a spousal relationship and the establishing the institution of the family based on mutual respect. This paper will demonstrate that its possible to criminalize marital rape based on Islamic jurisprudence and to penalize this crime with appropriate responses in the light of mechanisms of responsive regulation theory and model.

The issue of physical violence against women, which has been extremely notable as a severe dilemma for superior criminal justice systems, has different physical, mental, social and cultural consequences. This challenge has proliferated because of insignificancy and unsatisfactory advocations. Also, in our country, according to some issues like economic pressure on the head of the families and members, high unemployment rate and outbreaking of it, usage of drugs and other anesthetic substances, media invasion, immigration and suburb settlement, cultural poverty and lack of media literacy, personality disorders and fickleness and other related matters, deliberate or unintentional, aggression and violence occur inside or outside the family environment. These acts of violence occasionally cause extreme assaults, mental suffering, and even committing incorrigible crimes such as murder, amputation, and miscarriage. Precautions and supports countering the violence against women is a broad process that requires the interference of most of the related social institutions and communities. In this article, which has been written in an analytical-descriptive way, after introducing the consequences of violence on women and especially "physical violence against women, " we keep on studying the supportive role of the Islamic Republic of Iran's police forces concerning this matter. Detection of the crimes in time, vigorous judicial prosecution, legal advocation of physical violence victim women, and also the implementation of proportional precautions reducing the harms regarding criminal actions, and enforcing the related criminal and legal legislations are some appropriate actions reducing the harms incurring this type of women. It will be beneficial if Iran's police join other related communities in noticeable supporting of violence victim women inspiring the modern criminology and psychology knowledge by using it's mandatory and voluntary tools and by executing useful learning courses for its personnel (in some subjects such as detecting crime, prosecution, investigation, inspection, cross-examination, and arraignment).

Gender-based violence at workplace is a complex issue which roots in gender-based relations in society, economy, labor market, employment and organizational culture relation. Violence at workplace, includingcoercion and triumphalism, is present and ever-increasingall over the world. The entrance of women, especially young women, to the international labor markets and leaving home makes it necessary to pay more attention to some issues related to violence at workplace for maintenance of freedom, justice, security and human dignity. Some of the measures that could be taken to confront gender-based violence are the legal and disciplinary measures, political interventions, guidance and directorship, safe design of workplace, collective agreements, promotion of awareness and knowledge of managers, workers and competent authorities, corrective actions on promotion of the system for recording the occurrence of any incidence arising from violence. The main aim of the present study is to realize the types of violence against women at workplace and investigate the strategies for reducing violence relying on the local and international laws and regulations at workplace to promote physical and mental security of female workers in workplace. .

The transfer of normative criteria is usually based on general rules formulated in the text of the law. Therefore, understanding the law as a semantic issue depends to a large extent on understanding the language and ensuring its accurate use in the legal context. But the inherent limitation of the nature of language, or in the words of philosophers of law, the "partial indeterminacy of law, " which itself arises from the open context of language, limits our understanding of the content of the law and provides the judge with a margin of discretion. This, in turn, provides a good basis for constructing new criminal behaviors (secondary criminality) and even in some cases decriminalization of criminal behaviors by the judge. In this article, which is qualitative in type and analytical-descriptive in method, the judicialdiscretion in constructing examples of rape in the Iranian legal system based on 227 criminal cases of rape is discussed. The result of the research indicates a highly controversial and great challenge to the ideal of the rule of law versus judicial discretion; Because the ambiguity in the text of the law, by providing a suitable context for the rule of ideological aspects of organizational culture in the Iranian judicial discourse and sexual stereotypes of judges, has led to a kind of "judicial regulation" in the context of this crime, which is in conflict with the Article 224, Note 2 of the Islamic Penal Code. This situationoften leads to the non-recognition of the victim's claim and his re-victimization.