فصلنامه مطالعات راهبردی زنان
پیاپی 78 (زمستان 1396)

Women need to be mothers according to the type of physical and spiritual creation. In the case of a woman's childbirth, the only legitimate way is marriage and the only way to achieve this is by marriage. If the husband , for any reason , disagrees with the wife's pregnancy, the only solution and judicial support for a woman who has come to court for childbearing is the issuance of a certificate of noncompliance, provided that she can prove that the non-pregnancy causes her problems. The analysis of judges, Iranian law and legal doctrine suggests that, despite the fact that the right to the wife has been made clear, the soul of Iranian law recognizes the wife's pregnancy right to women who have entered into a permanent marriage, and therefore the requirement for lack of inhibition for wife's pregnancy , in some cases and under some conditions such as Opposition without excuses and unjustified it is imperative to resort to remedies such as the obligation to obtain the consent of the wife to prevent childbirth, to deny being permanently removed and to reject sterilization.

By focusing on Qur'anic verses, women-centered thoughts referring to gender concepts have aimed to prove gender equality among men and women. In this research, through the descriptive-analytical method, the origin of the idea of "Gender Polytheist" is examined in women's readings of the Quran. Proponents of this view argue that believing in the superior position of men violates the understanding of monotheism from God and the Qur'anic interpretations about 4:34 and 37:22, which reinforce ideas based on the superiority of men and promote the need for women to obey their husbands, are polytheists. However, Islamic review on the components of the gender polytheist idea suggests that the true acceptance of monotheism, a distinctive understanding of two terms "equality and justice" and belief in the coordination of gender needs and abilities, correct the concepts raised in gender polytheist idea. The considerable criticisms of this idea are the inconsistency of preliminaries and results, misleading illustrations of religious teachings, and the lack of comprehensive search of the related sources.

First paragraph of fifth article in Islamic statement about human right (1990) to explain family as base of community and marriage is foundation for it, therefor men and women have right of marriage without any limitation based of descent or color or racial that cannot limit their rights. This rule means freedom in marriage with little different state in article sixteenth of world statement human rights (1948) and article twelfth of European convention on human rights (1953) and article tenth international promising of economic and social and cultural rights (1966). Accomplished study, with a descriptive-analytic method based on first paragraph of Islamic bill and interpretation by twenty fifth that same with to point juridical and legal sources of Islam to prove maximum securing about freedom in marriage based Islamic bill. One of the important results in present study, to unify freedom in marriage point of view human right documents according to some interpretation that state from it.

Suffrage is one of the major political-social rights of women. In recent decades, despite the sensitivities and prejudices of the patriarchal system, this social issue has been accomplished with the advocate movement of women's rights. The dominant viewpoints of these movements imply that the women were deprived of such a right in all historic eras and religious sovereignty. Due to their efforts, women could obtain this official right. It is a descriptive-analytic research, and it intends to clarify the views of Islam and the Shia political system on this issue. Moreover, this research intends to review its historical events of realization. The primary reviews of the Islamic teachings along with great Shia leaders’ approaches show us that Islam never considers women as insensible and simpleton individuals who have the intellectual and rational weakness. On the contrary, Islamic teachings recommend us to respect women’s opinions and votes, and this view is based on the fundamentals and assumptions that are based on humanoid and ontology.
The positive outcomes of this issue about women’s suffrage, which explain and clarify the Islamic viewpoints, have some certain clear functions. These positive outcomes can also challenge some theories such as propagate women's ideas in Islam.

Divorce by mutual-consent (ma’a-al-evaz) is a new phenomenon in family law based on which couples come to an agreement to apply to the family court for divorce and settlement for their financial affairs and issues related to the children. Due to different effects different kind of divorces may have on couples’ relationship, it is particularly important to understand the nature of them separately. This study investigated the nature of divorce by mutual-consent (ma’a-al-evaz) qualitatively and by referring to legal and jurisprudential documents. In mutual-consent divorce, it must be confirmed that wife dislikes her husband; which makes it an irrevocable divorce; otherwise the divorce is revocable even if the wife paid considerations. Therefore, the judge should confirm wife’s disliking her husband or living with him and then, issue the certificate of incompatibility. Considering the fact that whether the wife dislikes living with her husband or both parties dislikes living together determines the kind and nature of divorce, careful considerations must be made in judicial as well as notary procedures of divorce. Moreover, this study suggests adopting a comprehensive approach in the proceedings of divorce so that in case it is not confirmed that the wife dislikes her husband or both parties dislikes each other, a revocable divorce be registered. In such cases, based on sharia, the right to revoke the divorce by husband is maintained, which prevents hasty dissolution of family.

Islamic Republic of Iran as a main constituents and fulfillment operator of Islamic civilization must systematically focus on the Islamic Government’s affairs. A part of these exclusive affairs involves the solutions regarding the problems of those in need; especially Particular attention to derelict and ill-protected women. According to the significant role of women in the family and society, it is essential and inevitable to protect them. The question is what are the Jurisprudential foundations for the government’s responsibility towards this group of women? This essay tries to explore humanistic and jurisprudential settlement of this social matter based on analytical – descriptive method and refers to General and special jurisprudential evidences. It is also looking for the Government’s suggestions for this social phenomenon. The jurisprudential approach of Islamic government to these women’s situation represents a kind of special assumption about the quality of their roles. In the end this research provides some evidences to the revision necessity in the Islamic republic of Iran’s law based on intended foundations and it proposes suggestions in this regard.