نشریه فقه و حقوق خانواده
پیاپی 48 (زمستان 1387)

According to The Holy Quran having proper etiquette is one of the basic criteria in the relationship between the spouses. Etiquette is the symbol of amicability between the spouses, which is repeated in 39 verses of The Holy Quran. Thoughtfulness and the special bond which a husband and wife cherish creates a balance in the family system. In the Civil Law of The Islamic Republic of Iran there is a special bond, which spouses are suppose to observe. Now a question arises, how it is defined in The Holy Quran and how it can be followed up legally. Kindness and a good rapport between the spouses is the symbol of good morals in life which strengthens the family foundation, it also has a good effect on the attitude of the spouses with the children. Being civil with each other even during and after the divorce are emphasised in The Holy Quran. Providing alimony and support for the wife and child are good examples of the mutual respect which should continue even after the divorce. Since the family is a symbol of love and affection God advices the spouses to observe moral values in their relationship and develop a mutual understanding throughout their lifes.

Good health is a blessing we enjoy from God and everyone yearns for this blessing. It is a natural occurance that everyone becomes sick some time during their life time, which causes them to consult a physician and to have access to medicine. Although in most countries medical aid is provided through public assistance, but in our country it is still the responsibility of every individual. These days medical expenses are increasing day by day specially due to the advanced technology and invention of some machines which help diagnose disease. In Islamic Law the husband or his family are responsible for the expenses of the wife after divorce which is defined as alimony. In this article the question regarding whether medical expenses should be included in alimony or not is discussed. Therefore the writer having studied and read the Theological reasoning, and taking it into consideration the Sharia law (religious rules), which is one of the most important principle to formulate social law, tried to find an answer to the above mention question.

According to Article 1130 of Civil Law, when the continuation of married life is difficult due to different kinds of abuse, the spouse can ask for a divorce by referring to the court of law. Comparing to other articles, one of the advantages of this article is that the wife, regardless of the kind of abuse, can get the marriage dissolved by proving the hardship she goes through. On the other hand as there is no specific procedure for each kind of abuse, it has been misused by the judges. The writer believes by teaching the concept and the way of distinguishing the kind of abuse and having women jurist in the family court of law can help the correct way of implementing Article 1130.

Shia jurists believe that if the wife has a child, she will inherit one eighth and if not, one quarter of her husband's inheritance. There are different opinions when the wife is the only one who inherits.Some believe that the remaining portion belongs to the Imam but giving to the less fortunate in another option. Another group of jurists think that it belongs to the Imam if he is available and if not, it remains with the wife.Some jurists opine that traditions are valid documents to refer to in order to support their idea.In this article, the dogma of (giving the remaining portion of the wife's inheritance to the Imam if available and if not, it should remain with the wife) is the most reasonable.Implementing and applying the above mention theory may lead to the improvement of the wife's financial rights and can be considered as Islam's supporting policy of women and family rights.

Marriage is one of the most important periods in a person's life. But to set A fixed age for marriage is a serious issue which is discussed in this article. The question is whether it is possible to have a minium fixed age for marriage. The majority of Theologians believe that the age of nine which is the age that puberty begins is a proper age for a girl to get married. Therefore this is the minium age set for marriage. Thus this is the time that marital status starts which is considered a major event in our lives. After studying the Theological sources and the differences of opinions, the author tries to reach a concensus regarding the proper age for marriage which would be compatible with Islamic laws. Taking into consideration the legal reasoning and the opinions of the knowledgeable, we come to the conclusion that the proper age for marriage is when a girl is physically and mentally mature enough to be conscious of the objectives of marriage. As there are individual differences among young girls, a certain age for marriage cannot be determined.

The special family court of law which studies family cases and spouse problems, was established to perform Article 3 of the principle of the 21st law. In accordance to the above law which was ratified on the 14th of Mehr 1376, in the Islamic consultative assembly, it intends to arbitrate the family cases with the help of women jurist to prevent family break up. There are different branches of special family court in different cities in proportion of its population. According to the ratified law it studies the cases which other courts are not allowed to do so as it is stipulated in the law. In this article it gives a clear picture of the special family court in the judiciary system of the Islamic Republic of Iran. The writer also talks about all of its duties and procedures of ratifying a law, the jurisdiction of the special family court of law, judiciary rule and how the verdict is issued by them as well as how the high court observes the procedure of special family court of law and gives some examples of the unanimous practice in their cases.