فصلنامه مطالعات راهبردی زنان
پیاپی 35 (بهار 1386)

The pseudo-sovereignty of the Pahlavi regime over Iran and the transfer of Western ideas into Iranian women’s private and social life spheres not only did not satisfy their needs but also provided the grounds for their decadence. In this way, women became entangled in a kind of bafflement since there was no improvement in their conditions during the Pahlavi regime in spite of the loss of religious features from the face of the society. The inefficiency of other doctrines, such as Marxism, too could not help improve the conditions because of their instrumental attitude towards women. In such circumstances, Imam Khomeini’s innovation, i.e. “Reversion to the Original”, which was in line with benefiting from women’s positive achievements in the public sphere, was widely accepted by the Iranian women. Thus, to attain the highest level of human dignity, whose realization is guaranteed in the light of the Islamic government, these women became so active that their social participation had no equivalent throughout the history of Iran.

Safeguarding children in financial and non-financial respects now is the concern of the legislator in terms of guardianship [wilayat], custodianship [hiḍanat], and wardship [ghimumat]. The specific guardian can be father, father’s father, and the executor appointed by him who has complete right on financial and non-financial matters of the minor and the mentally mature juvenile. These rights, in the absence of father, lead to some problems for the infant and the mother who usually is the custodian of the infant. Administrative and judicial procedures, too, aggravate the problems. This paper is a critical analysis of Iranian laws concerning guardianship, custodianship, and wardship over minors and, after proposing the existing problems, introduces the legal vacuums related to the financial matters of minors. At the end, the paper suggests that, on the basis of secondary verdicts and with the recommendation of the court, father’s right of guardianship be transferred to mother after his death with respect to time and place circumstances of the Islamic government.

In line with the passage of time and advancement of science and technology, there have been changes in individuals’ social relations in different societies which are easily observable. Changes in ideals and wishes, needs and expectations of individuals have influenced on social institutions and were also influenced by the transformation of these institutions. Family, too, as the basic institution in any society, is not an exception and is transforming. Unquestionably, changes in role and status of family will be observable in the society and its functions. One of the most significant of these changes in the recent decades was in marriage. This paper is to study the social changes in marriage in Iran and the role and function of government and the related institutions.

Temporary marriage is a kind of marriage the legitimacy of which was accepted by all Muslims at the time of the holly prophet. The original verdict concerning temporary marriage shows its permission and the infallible Imams resisted against its prohibition by the second caliph because its absolute prohibition had no religious justification. However, the Islamic government, due to time and place circumstances, has the right to impose restrictions and conditions on it in order to prevent the problems arising from it. This paper studies temporary marriage from a governmental perspective and on the basis of the Imamite and Sunnite jurisprudence. Concentrating on the documents concerning the legitimacy of temporary marriage which is probably influential in comparative and differential controversies, the paper also elaborates on temporary marriage with respect to its nullification or prohibition by government because the Sunnites claims the nullification or prohibition of this kind of marriage by means of the rights of government.

To support divorced women, the condition of “man’s obligation to transfer half of his property to the woman while divorcing” was inserted in the official marriage contracts from 1983 onward. However, the ambiguity and generality of the wordings of the condition led judges not to have any interest in executing it. As a result, the condition not only did not result in the financial support of women but also made them baffled in some cases. In addition, one of aftermaths of this condition is reluctance of men to execute the compromise impossibility certificate issued by the court due to financial matters as a result of which they withdraw from divorcing. This paper critically evaluates this condition and finally proposes it to be modified.