نشریه فقه و حقوق خانواده
پیاپی 61 (پاییز و زمستان 1393)

The study of the principle role of best interest and its impact on legislation, especially in the area of human relations, such as the family, is something which will leave behind valuable results. The general purpose of the legislation in Islam is aimed at reforming society and preventing corruption. The present research seeks to analyze the impact of best interest in custody as one of the most and sensitive rules of family law which has a direct impact on the growth and development of the human race. The analysis of the principle of "best interest" and it's role in Islamic law and the expression of theological view concerning the primacy of the mother or father in the custody of the children (either girls or boys) especially when they disagree with one another on this issue, shows the traditions cited by jurists aimed at protecting the best interest of the child and his needs. By surmising traditions, the continuation of the mother's custody of the children in the present social conditions, depends on the mother's competence which is in compliance with the views of some religious scholars concerning the mother's priority in the custody of her children until puberty.

In Islam alimony is one of the wife’s rights for which the husband is responsible. In this article the wife’s alimony in Iranian law and its compliance with Imami jurisprudence and also a comparison of the Iranian system of receiving alimony with the wage systems of woman in both Britain and America are taken into consideration. While the law must be responsive to new developments and disputes arising from the changes in family life, an analysis of the laws of various countries can help the legislator in the elimination of possible drawbacks in the existing law to administer justice within the society. This study is therefore significant in that it clarifies common law approaches on this issue. In Iranian law a wife’s alimony, despite the many advantages that it has compared to common law, in some ways could witness growing changes.

Wearing hijab (modest apparel) is a Quranic and religious obligation which due to its social nature is considered to be more than just an individual responsibility. An inquiry into documents shows that women of all ages and communities compiled with the wearing of modest apparel; however modest apparel meaning women's cover with respect to the declared rules of hijab in Islam. Hence defining the limits and frontiers of the concepts of modest apparel are possible only by basing them on religious texts and reasoning. Being dependent on various factors, hijab is different in each country. In this paper the denotative and connotative meaning of "hijab" in the Quran and legal resources of shiite and sunni jurists concerning modest apparel and also the new age and the issue of Islamic modesty have been addressed and the limits of the religious modest apparel have been stated.

The escalation of sexual abuse has negative consequences such as the lack of a sense of security, the weakening of family foundation, hurting public feelings, prevalence of lawlessness in society and will even be followed by other non-sexual crimes. Recognition of basic factors of crime violence which help preventing crime offences are the issues considered in this paper. This paper places emphasis on the situation, position, time and place in which crimes take place in such a way that committing crime will become difficult and there will be no opportunity for committing crime offence and culprit will be aware of consequences of penalty. This paper demonstrates that situational prevention of sexual abuse through the family and mass media in terms of effectiveness is of prime importance and it can be more effective than enforcement of law and order by the government and police. Consolidation of family foundations, supervision and care of the parents over children's relationship, and the use of mass media, observing hijab and chastity in the family and society, informing and educating children on how to use the media are the most important strategies for the prevention of sexual offences, the implementation of which is more effective in reducing the number of sexual offences.

In view of renowned jurists, concealing defects are considered as the only reason which permits marriage dissolution. In fact they have recognized the following three stipulations: option of defect, unfulfilled condition and concealing defects (deceit) for the termination of the marriage contract. While jurisprudents believe the concealing defect is not the only condition for marriage desolation. Upon searching for the right theory for marriage dissolution the writer while reviewing the view of both groups by citing tradition and logical principle has come to a conclusion that concealing defect alone cant be the mere reason for the annulment of marriage contract and it is solely the explicit defect cited in tradition and unfulfilled conditions that may lead to the nullification of marriage contract. In case of concealing defect if the deceiver is accused of fraudulence and deceit, he/she has to face penalty and civil punishment.

Determining the end of childhood and ways to combat child abuse by Iranian legislators, especially according to the Children Protection Act (enacted in 1381) and the differences between child abuse and educational methods- such as punishment- which is considered to be one of the parental rights are the concerns of this study. Of the drawbacks of the laws protecting children and adolescents are lack of proper executive enforcement anticipated for child abuse in Article 2, problems of the penalties provided in Article 4, the discrepancy of decrees in Article 8 with the legislative procedure in other criminal laws and ambiguity in the limit of traditional punishment and discipline. Adjunction of clause: "any physical or mental abuse of a child" to deprive the child of parents in Article 1173 of the Civil Code, the prediction of the guarantee of the enforcement of Article 1178 of the Civil Code and establishment of offices responsible for the judicial protection of children as well as victimized children after the occurrence of a crime are examples proposed in this scientific research.

There are different opinions among shiite Jurists regarding the consequence of solemn malediction after the negation of the father's solemn malediction denying the child. In this article while considering the legal nature of the father's denial which is a kind of confession and analysis of each and every Judicial documents as well as the present traditions and reliable practical principles, it has been attempted to answer the question as to whether the child enjoys the parental relation and continues its relation with the father's relatives or only one side of the relationships remains which includes the parental duties of the father, leaving him with no rights toward the child after its denial. It can be deduced from both correct versions available that if the father returns to the family and negates the solemn malediction, all duties of parental relation remain, but the child has no responsibility toward its fathers.