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Issue Info: 
  • Year: 

    2022
  • Volume: 

    13
  • Issue: 

    1
  • Pages: 

    105-140
Measures: 
  • Citations: 

    0
  • Views: 

    170
  • Downloads: 

    18
Abstract: 

The present research studied the (causal, contextual, and intervening) conditions, strategies, and consequences of violence in the lives of Child wives in Chabahar city, conducted with a qualitative methodology based on grounded theory. For this purpose, in-depth semi-structured interviews were conducted with 28 Child-married girls in Chabahar city who were selected through theoretical sampling and snowball method. The analysis of the data in the framework of the three-level open, axial and selective coding system showed that gendered inequality and discrimination, women's inferiority, men's value, the culture of silence and the culture of violence play a role in the experience of Child-wives in terms of violence (causal conditions), which leads to a type of increased, double violence for them (core category); violence that operates within the framework of the family institution, the main mechanism of which are previous traditions and rules, and the perpetrators of which are men and women who were themselves the victims of the same traditions and rules that they have, now, internalized and used again against their daughters. This increased violence happens in a context where patriarchy is widespread (contextual conditions) and due to the generalized self-deprecation among Child wives (intervening conditions), they may attempt to escape, get separated, threaten, and commit suicide (strategies), and these actions have consequences such as symbolic, physical, and sexual violence and even social isolation (consequences).

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Journal: 

Issue Info: 
  • Year: 

    2024
  • Volume: 

    11
  • Issue: 

    20
  • Pages: 

    165-188
Measures: 
  • Citations: 

    0
  • Views: 

    84
  • Downloads: 

    0
Keywords: 
Abstract: 

In family jurisprudence, the overarching topic of the family is examined in terms of the social system. The family education system, a branch of this jurisprudential system, encompasses three types of education from this perspective: disciplinary education, behavioral education, and developmental education. Developmental education focuses on the practical measures for development and maturity suitable for social life. In this type of education, the educator prepares the trainee for life outside the parental environment. Objective, This study aims to educationally analyze Marriage at the age of growth from the perspective of family jurisprudence. The paper, using the system discovery method and based on the refinement of general norms, seeks to uncover the threefold responsibilities of family, society, and governance. Its findings indicate that, according to the Holy Quran, there are four categories of narrations and justificatory evidence for intervention. First, the encouragement of a girl's Marriage before puberty in narrations is conditioned by the obligation of chastity, and this encouragement has no specific limitation. Second, the implication of a boy's Marriage involves accepting responsibility for alimony and other marital and parental duties, which aligns with the obligatory social education by the guardian. Third, Marriage before completing the growth period does not entail prohibition or nullity, and the preparatory-guardianship responsibilities of the family and the state eliminate rational obstacles. Consequently The legitimacy of Marriage at the age of growth, in line with the threefold educational responsibilities, is proven to prevent potential harm.

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Issue Info: 
  • Year: 

    2020
  • Volume: 

    10
  • Issue: 

    4 (40)
  • Pages: 

    1-28
Measures: 
  • Citations: 

    0
  • Views: 

    807
  • Downloads: 

    0
Abstract: 

Among the legal provisions that have addressed the issue of Child Marriage in Iranian law, Article 1041 of the Civil Code is significant. According to this Article, Child Marriage before reaching the legal age in Iran is provided to the permission of the father (as guardian) and considering the best interest of Child as determined by competent court, without providing the precise definition of “ The Interest of Child” , “ legal Guardian” or the accepted reasons for permission given by father. Since the concept of “ The interest of Child” is subject to various economic, social, cultural and religious factors in Iran, it is possible that courts allow Child Marriage only because of the custom of that region or only because of physical puberty or simply because of father’ s permission. Since, there is different interpretation of the concept of “ interest of Child” in different courts; therefore, judicial procedure-as one of the important sources of law making in Iran-plays a crucial role to resolve this ambiguity, clarify the meanings and protecting Children. This study has been conducted using a qualitative research methodology by interviewing judges, studying and analyzing the cases and examining the context in which the Children lives, it evaluates and analyses the reasons that cause judges to allow Child Marriage. Finally it concludes that allowing Child Marriage typically doesn’ t consider and reflect the interest of Children and will cause personal-social and physical-mental damages for them.

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Author(s): 

Issue Info: 
  • Year: 

    2022
  • Volume: 

    19
  • Issue: 

    22
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    38
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

REPRODUCTIVE HEALTH

Issue Info: 
  • Year: 

    2012
  • Volume: 

    9
  • Issue: 

    -
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    219
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View 219

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    12
  • Issue: 

    4 (48)
  • Pages: 

    103-115
Measures: 
  • Citations: 

    0
  • Views: 

    77
  • Downloads: 

    41
Abstract: 

Introduction: In the contemporary world, Child Marriage occurs in the context of some societies, and as a multidimensional phenomenon, includes those Marriages take place below certain ages, according to law, religious codes or common sense. These sorts of Marriage are usually arranged by elder members of the family or kinship ties and socio-cultural codes of conduct. Official statistics show that East Azerbaijan has the second largest number of Child Marriages among the provinces of the Iran. The present study aimed at investigating the underlying causes of early/Child Marriage among Tabriz City’, s married women, as the center of the province, it has great social, cultural and religious diversity. Materials and Methods: This study uses a qualitative methodology and thematic analysis to collect and analyze the lived experiences of women aged 15 to 35 who have Child Marriage experience. A purposive sampling approach is used to include 21 women in the study with various social and economic backgrounds and according to theoretical saturation criteria. All included women are informed, carefully regarding the aim of the study and they all participated voluntarily with permission to leave at any time for any reason. The data are analyzed by means of a three-phase coding scheme, including open, axial and selective coding. Findings: Based on the content analysis used to extract the data from the interviews, 21 sub-themes and 7 macro-themes were obtained. According to these findings, early puberty, larger body than age, patriarchy, religious prejudice, geographic location, economic poverty and living with stepChildren are the main underlying causes of Child Marriage in Tabriz. Conclusion: Precocious puberty and physical structure are more influenced by genetic characteristics, but the results of the study show, the Child Marriage practice is mainly under the influence of social and cultural factors, therefore, any proper intervention to manage the problem should be socially or culturally defined, constructed, and implemented. Here, the role of all socializing agents is crucial and they have great potential to deal with the problem of Child Marriage.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    19
  • Issue: 

    1
  • Pages: 

    19-25
Measures: 
  • Citations: 

    0
  • Views: 

    38
  • Downloads: 

    0
Abstract: 

Background: The phenomenon of Child Marriage is a moral harm and a threat to Children's physical and mental health, among which girls bear the largest share of losses and damages. Child Marriage is immoral because at this age the Child is not mentally, emotionally, economically and physically ready for Marriage, so Child Marriage as a moral harm ignores the basic rights of people. Considering the importance of this matter, the present study was formed with the aim of investigating the moral foundations of criminalizing the phenomenon of Child Marriage.  Conclusion: The results of this research indicate that having a Child in Marriage is a violation of moral principles and therefore it is considered as a criminal matter in law. According to existing international documents, Child Marriage is one of the forms of forced Marriage and an example of violation of human rights. Several factors are involved in the occurrence of Child Marriage, and poverty is the main reason for this phenomenon. Therefore, early Marriage has a lot of consequences and negative effects, which leads to the deterioration of three rights: the right to education, the right to health, and the right to choose. Therefore, countries and international communities should take steps to solve this problem by compiling a set of laws and explain the important achievement of it. The process and how to criminalize this phenomenon is in this field.

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Author(s): 

ZAFARI MOJDE | KHODAEI MAHDI

Issue Info: 
  • Year: 

    2015
  • Volume: 

    8
  • Issue: 

    15
  • Pages: 

    77-98
Measures: 
  • Citations: 

    0
  • Views: 

    1953
  • Downloads: 

    0
Abstract: 

Adoption is a legal institution under which a legal relationship between the spouses or the single guardian is created with the adopted Child.In Iran, the law to protect unsupervised Children was passed in 1974, and this law with the new title "Law for the Protection of Children and Adolescents, Orphans or with Irresponsible Parents" was amended and the former Act was repealed in 2013. According to this law, families without Children or single women over thirty years old can adopt Children or teens, either orphans or with irresponsible parents, if the conditions prescribed in the Act are provided.licensing the Marriage between the guardian and the adopted Child expressed in Article 26 of the same law, are Among the defects and problems of this law which are in conflict with the main purpose of this Act, in Article 1, the material and spiritual needs of Children and adolescents.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    3
  • Issue: 

    2
  • Pages: 

    8-33
Measures: 
  • Citations: 

    0
  • Views: 

    484
  • Downloads: 

    210
Abstract: 

The foundation of happiness and development in Islam is through the family. As in Islamic culture, there are many rulings and recommendations for Marriage. From the time of the Prophet until the present period, some issues have been formed in the context of culture and time in various societies, which have been linked to the Qur'an and revealed culture for authenticity and validation. One of the challenging issues in the family field is the phenomenon of Child Marriage. It means that boys and girls who have not reached full maturity get married. The current research, with the descriptive-analytical method and the tool of library-citation collection and the level of analysis of content analysis, seeks to answer the question of how Child Marriage is evaluated in the mirror of the Qur'an, traditions and history. The findings of the research indicate that from the perspective of the Qur'an, verse 4 of Surah Talaq and verse 32 of Surah Noor do not refer to Child Marriage, and based on the context, the meaning of the verses is the Marriage of people who are qualified and ready to marry and are mature. Also, this category is related to the Quranic accessories of Marriage, including, Achieving peace, mercy and affection between couples and the need to have a romantic relationship are in conflict. The corruption of Child Marriage is mentioned in the hadiths and the narrations of Child Marriage based on the principles of jurisprudence and hadith with the rule of no harm and no harm, which are both based on the primary rulings, are limited in this issue, even assuming the validity and significance of the hadiths. In the mirror of history, Child Marriage represents the rejection of this category and Aisha's age at the time of Marriage was 17 years and the age of Hazrat Fatimah (PBUH) was about 15 years, and the narrations of Aisha's age should be understood in the discourse of Qibla honor and competition between spouses, which reproduce elements Jahili culture is in the field of family and looking at women.

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Author(s): 

GHADIRI M. | ESMAEILI M.

Issue Info: 
  • Year: 

    2017
  • Volume: 

    13
  • Issue: 

    50
  • Pages: 

    293-318
Measures: 
  • Citations: 

    0
  • Views: 

    3089
  • Downloads: 

    0
Abstract: 

Recently Iran passed a law titled “Protection of Children without Guardian or with an Improper Guardian” that provides in part: "... Marriage between a guardian and an adopted Child is prohibited both during and after custody, unless a competent court, after obtaining the advisory opinion from the [state welfare] organization, affirms that it is in the interest of the adopted Child." It was claimed that in the absence of a prohibition under Sharia law and silence of the legislation in force, there exist some cases of Marriage with an adopted Child. Hence, with this regulation a competent court may allow such Marriages based on the interest of the adopted Child and in this way, at least the Child will be protected against possible harms. This claim raises the question that given articles 10, 20 and 21 of the Constitution, to what extent can such a provision protect the sanctity and solidarity of familial relations based on Islamic law and ethics, woman's rights, protecting Children without guardians, and equal legal protection for all, including men and women? This paper addresses this question by analyzing the consequences of such a provision, and ultimately suggests that, in order to prevent the immorality of relations within families and the collapse of the family, and to ensure the protection of the Child from harms and protect the rights of women, repealing this provision must be placed on the agenda of the Legislature as soon as possible.

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