فصلنامه مطالعات راهبردی زنان
پیاپی 70 (زمستان 1394)

There is no doubt that firmness of any family, firstly, depends on the presence of good temper in conversation the couple made. Although this could be verified rationally, canon guidance is also determining and it has revealed the issue’s vague points. The civil law legislator, inspired by jurisprudence sources in article 1103, has emphasized the matter: “the couple (wife and husband) are responsible for treating each other in good nature. “ The present study, after investigating into the most important jurisprudence sources ( Scripture and Tradition) and enumerating some recognized examples of good temper, has concluded that the mentioned good temper in the holy verse: (And Live with them honorably) is a bilateral social concept that each of couple must be obliged to it. Any deed, recognized by reason and tradition of the society, is considered as an example of good temper as well. From the legal perspective, the instruction of good temper, inserted in article 1103, cannot be merely an ethical instruction without being protected by sanctions. Legislator should try to enact binding laws through getting knowledge about ethical principles and extracting them from the bottom of Scripture and Tradition and tradition of the Islamic society.

Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is the international documents on women’s rights that most countries have acceded to it or accepting it; Since the Convention is affected by the ideology of individualism and Due to the damage has been inflicted in the family and human life on the world stage, It is necessary to apply to systematic approach to accurately and deeply analyzing and explaining this issue. In this research, Family life has been explained as a coherent system and primary cell of society, Its components have been extracted, then freedom impact, as Key principles of the Convention has analyzed on family life components, including male guardian, the popularity of women and finally family system. According to the results, Convention substances cause reduced loss of male guardian and commitment of women to family.

Custody is considered as subject of research because of its importance on child’s mental and physical characteristics and of course it`s effect on society progress. The legislator always gives attention to child position and his (her) potential role in building of society basis. Child physical maintenance is necessary for growth along with proper training for spirit sublimation. Despite the importance of custody, legislator has not determined it`s precise definition and powers and custody of guardian (child maintenance) and subsequently the major issues is ignored. This leads to its confusion with similar titles such as warden, executor, guardian (child maintenance) The majority of bewilderments and questions of executive intuitions of law from legal department of justice, confirmed it. This article has determined the position, rights and duties of child maintenance altogether gaps and conflicts in this domain and given some resolutions. The law of family protection 2012, considered child custody with more accuracy and this lend to achievements and innovations in custody cases. But these innovations have some defects that we have presented these and given some resolutions for elimination of those defects.

Some parts of Islamic Sunna contains statements about the innate rational imperfection of women. These suggestions humiliate women and associate to them an inferior position, comparing to men; because a text finds meaning in a discursive contradiction. Investigating the documentations of such traditions puts us in serious doubt about their accuracy, however this research, reporting the results of this investigation done by the Elm ol Hadith scholars, tries to assess their implications. Though both methods (i.e. investigating documentations and assessment of implications) undermine the accuracy of these traditions but the author, assuming the accuracy of these traditions, find no humiliation toward women when object their contents and implications to gender studies. This articles concludes that the female argumentation and rationalization is different with the male ones and, discovering this female rationality and presenting it to the three Islamic schools of philosophy, claims that it can be evaluated superior to the male empiricist rationality.

Commutative contract is agreement where, firstly, there is reciprocal status between parties obligations. Secondly, obligation of subject matter of this contract has a financial aspect. By contrast, non-commutative contract address the agreement without any exchange. Hence at this contracts, there isn’t pose the rules based on reciprocality. Dowry is one of the most significant part of marrige that its financial aspect and some governing rules of commutative contracts on marriage especially wife right to retention have pose some question on commutative or noncommutatie natue of marriage. This was more important when supreme court in decree number 708 held that rule to instalment is not amount to reject of retention right. This reaserch aim to analyse with descriptive and analytic method, status of dowry in marriage and its effects and then assess jurisprudencial and legal validity of supreme court rule. In a sum, it can be said that although dowry have a financial aspen, but in the terms of other rules, dowry don’t transform nature of marriage from non-commutative to commutative contract.

From the perspective of law Article 638 of the Penal Code suggests that non-users of coatings that are punishable appear in public places, while Exhibitionism of women in cyberspace is far more serious are the potential harmful effects and lack of clear wording in criminal law and the judge to condemn the generalities and the public need to cite the law or Article 167 of the constitution. on this basis, the present study attempts to refer to sources of jurisprudence and law Tnnmayy and prostitution of women in the virtual space to be studied and semantics, review its constituent elements, principles of criminalization and analysis of existing laws, and gaps related to this phenomenon limits examined exhibitionism of women and a proposal for resolving the ambiguities presented in brief.