فصلنامه مطالعات راهبردی زنان
پیاپی 26 (زمستان 1383)

“Osr-o Haraj” [hardship and fault] is a progressive Islamic jurisprudence rule which can be used for various issues and problems. One of the applications of the rule is in the case of divorce, where the woman, after proving the hardships of living with the man, can ask for divorce. However, so far the rule has only been used in the case of marriage in the Islamic law. After the Islamic Revolution, the instances of the application of the rule have undergone deep changes. This paper studies and evaluates laws concerning non-financial affairs of the family such as Osr-o Haraj, contraction conditions, and custody and explains the advantages of contraction conditions of article 1130 of the Iranian Civil Law. In this paper, in addition to studying the law in various stages and presenting statistics from family courts, the writer proposes the related legal vacuums and appropriate suggestions.

Family is the essential pillar of human society and the existence of appropriate and stable relationships between partners is the prerequisite for the stability and prosperity of family. To acquire knowledge of this kind, each of the partners should be on familiar terms with his/her own responsibilities and rights. The holly Quran, as the highest source of guidance for human life, is the best guide in this respect. The present paper is a study of the methods for stabilizing men-women relationships in families with respect to the guidelines of the holly Quran. In addition to introducing different meanings of family and emphasizing the importance and necessity of the problem, the following topics are covered in the paper: the motivation for stabilizing family relationships, the factors influencing on the stabilization of relationships in families, the structure of an ideal family, and principles of family stabilization in the Quran.

With regard to the increase in divorce rate in Tehran, the political center and the biggest city in the country, this research paper is to study the rate of divorce and its geographical distribution in the twenty districts in Tehran. The paper also examines the relationship between divorce and the level of literacy and employment as the cultural and economic variables which affect the accessibility of individuals to facilities. In addition, the paper briefly studies the relationship between poverty and this social predicament.

The execution of divorce verdicts is a controversial issue in family courts. The controversy was intensified after the law for determining the validity duration of “compromise impossibility certificate” was passed in 1376 [H. S.]. This disagreement is rooted on the one hand in the ambiguity of the concept of “compromise impossibility certificate” and on the other hand in the legitimacy of sending a representative by the court to execute divorce in case the man is not present. Thus, it is necessary that the legislator determine the conditions of the execution of the above-mentioned law through clarifying the legal phrase “compromise impossibility certificate” and “observing the religious conditions” in clause B of the article. It is also necessary that supervising authorities control the process of judgment so as to prevent judges from biased interpretations of legal texts. This paper deals with subjects such as the nature and types of divorce, determining a time span for executing divorce, and compromise impossibility certificate. Finally, suggestions are proposed to remove ambiguity from the phrase “compromise impossibility certificate” and to limit issuing divorce certificates to men’s request in case of compromised divorces.

Following the conducts of Fatemah Al-Zahra (pbuh) is the best way to familiarize with the basics of an ideal family. The Fatimide School, which unifies practical reason and theoretical reason, has the capacity by referring to which one can achieve partial knowledge in light of the general knowledge and use it throughout his/her life. To identify the most important features of family stabilization, the present paper first brings into consideration the basics of family stabilization according to Fatemah Al-Zahra’s views and then deals with issues such as Fatemah’s monotheist approach to family, the appropriateness of the introductory ceremonies of marriage, and trust and certainty in the permanence of marriage. Finally, when pointing out the factors of family stabilization based on the conducts and words of Fatemah Al-Zahra (pbuh), the paper discusses over topics like appropriate behavior with the partner, supporting and defending the partner, observing hijab, dividing responsibilities among the family members etc.

Marriage as the introduction and origin of family is a social phenomenon rooted in the most complex and sensitive social relationship between two opposite sexes. It is one of the most important cultural and socio-biological phenomena in human society. Depending on its nature, type, and motivations, marriage may have positive or negative consequences. Thus, studying its social changes is significant. Therefore, this paper, in addition to presenting a sociological study of family and its constructive effects on individuals, studies the qualitative and quantitative changes in marriage in Iran.

After the Enlightenment Age and the industrial revolution, now on the eve of the 21st century, the Western society is facing with predicaments in various spheres, with the transformations occurring in cultural and social domains in the last few decades bringing about a deep influence on the structure of family. Thus, family is now the main concern of the ethicists in the West. One of the most important consequences of the redefinition of family, decline of the traditional family, and appearance of modern family is the emergence of new social movements. Referring to Western literature, especially in the United States and England, and to the related statistics, this paper elaborates on the instances and aftermaths of the decline of family such as abnormal families, marriage, divorce, abortion, and illegitimate infants. The statistical results show that the decline of traditional families in the West resulted in a critical situation.

Since the rate of the girls entering university education, especially in BA level, has recently increased and concerning the public expectation that an appropriate boy marrying a girl should have the same or a higher level of education as compared to that of the girl’s, it is necessary to study the relationship between women’s tendency for higher education and the rate of marriage and to show under what circumstances it affects on the rate of marriage. Thus, this paper has studied the effect of higher education on sexual equilibrium in marriage.