women's rights

Although the principle of justice among spouses is a mandatory obligation in the Islamic religion, its specific boundaries are subject to debate. Verses 3 and 129 of Surah An-Nisa, which address the issue of polygyny and justice among women, constitute a part of the Shia jurists' evidence on this matter. Given the fundamental role of the Quran as a source of Islamic law and the inadequacies of some jurists' arguments based on these verses, the present study employs a descriptive-analytical method to critique and analyze these references. The findings indicate that verse 3 emphasizes the necessity of providing mandatory alimony for all wives, while verse 129 prohibits disregarding women's emotional and sexual needs. Some jurists' arguments that verse 3 supports the desirability of equal distribution of alimony among wives or linking this verse to the obligation of equal division of nights are subject to criticism. Furthermore, the argument of some jurists that verse 129 does not necessitate equality in alimony or the right of nights, or even in heartfelt affection, is not acceptable.

Climate change has numerous impacts on women and girls. Due to their physical conditions and certain societal restrictions, they are more vulnerable to the consequences of climate change compared to other groups. This article employs an analytical and descriptive methodology, utilizing library resources, to examine the effects of climate change on women's rights from a human rights perspective. The central question is: How does climate change affect women's rights? The fundamental assumption of this article in addressing this question is that climate change can negatively impact a wide and diverse range of women's rights. The study focuses on some of the most significant rights, including the right to life and health, the right to work, economic rights, the right to access water and food, the right to a healthy environment, economic rights and gender inequality, and climate-induced violence.

Women's rights, including their job rights, are important issues that have become increasingly important at the same time as the industrialization of societies and the promotion of human rights issues. The purpose of this article is to examine women's employment rights from the perspective of international documents and the judicial procedure of the European Court of Human Rights.

The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is in the form of a library and it has been done by referring to books and articles.

Ethical Considerations: 

In this article, the originality of the texts, honesty and trustworthiness are observed.

Women can get different jobs like men and there is no legal prohibition for women to work. In international documents, women have the right to equality in employment and rights. According to the law against gender non-discrimination, women have the same right as men in employment.

Employment is a right that governments and society must guarantee for anyone, including women, who is capable of doing it, and every person has the freedom to choose a suitable job, in a way that fulfills both his or her interest and the interest of the society to be.

For years, international communities have been addressing the catastrophic events affecting women, resulting in the creation of documents to overcome crises and achieve sustainable development. In this context, the 2030 Agenda was introduced in 2015. This agenda consists of 17 goals, and this study focuses on goals 4, 5, and 8, which centre on women's rights, including ensuring equal education, achieving gender equality, and employment. Considering the implications of joining and accepting these international documents for member countries, this research examines the status of the mentioned goals in Islamic jurisprudence and Iranian law through a descriptive and analytical approach. We found that these rights are acknowledged as fundamental in Islam, and lawmakers have accordingly legislated. Our analysis shows that unlike the hidden drawbacks of international documents, Islamic and Iranian laws recognize women's rights in various forms. However, there are challenges in implementing these laws. We conclude that with existing religious and legal frameworks, there is no need for documents that are drafted without considering the cultural, religious, political, and social structures of countries, including our own.

Abortion is a multi-dimensional phenomenon that the legislation about it requires attention to all its dimensions, including the social dimension, and this necessity requires attention to the challenges of the social efficiency of the laws that are supposed to regulate this phenomenon. In this research, an attempt has been made to study and analyze the challenges of the social efficiency of abortion laws in Iran with the qualitative method of content analysis and in-depth and semi-structured interview tools. For this purpose, 11 experts and key informants of this field (gynecologists, midwives, Reproductive health expert ) were interviewed. The findings of this research identified four types of challenges in the form of four main themes: 1) "Structural challenges and legal void" include the sub-themes of the law not being realistic", "the absoluteness of the laws", "the supremacy and prescriptiveness of the laws" and "the lack of anticipation of the necessary social institutions"; 2) "Cultural challenges", which are divided into five sub-themes of "fetal objectification", "decimation of abortion", "reduction of moral values", "individualism", And "the devaluing of having children" can be categorized; 3) "executive and supervisory challenges", includes two sub-themes "non-implementation of laws" and "supervisory weaknesses"; and 4) "Economic challenges" was investigated as the last theme in this research.

The purpose of this article is to explain the basics of women's gender differences and legal approaches regarding considerations and gender differences in law. This research, with analytical-descriptive method, aims to investigate these differences and the reason for their creation. In addition, it is an attempt to measure the impact of gender justice as an independent factor on the peaceability of societies and development in international documents. Among the most important challenges of gender difference in crimes against physical integrity, lack of policy making based on gender justice, lack of agreement on the definition of gender justice, patriarchy in policy-making institutions, gap between research and policy-making institutions, etc. The results of the research showed that the basis of the gender difference in crimes against physical integrity is not the superiority of the male sex over the female or the discrimination between the two in terms of gender, but the basis of this difference is due to the difference in their creation, duties and roles, etc. The purpose of this article is to explain the basics of women's gender differences and legal approaches regarding considerations and gender differences in law. This research.The purpose of this article is to explain the basics of women's gender differences and legal approaches regarding considerations and gender differences in law. This research.The purpose of this article is to explain the basics of women's gender differences and legal approaches regarding considerations and gender differences in law. This research.The purpose of this article is to explain the basics of women's gender differences and legal approaches regarding considerations and gender differences in law. This research.

The right to health is a fundamental human right rooted in the right to life. In the Islamic legal system, this right takes precedence over other rights and obligations due to the necessity of preserving life. One aspect of the right to health for citizens is the right to reproductive health for women. Given that women's health is considered an indicator of a country's development, governments are obligated to ensure women's reproductive health. The Iranian legal system also places a particular emphasis on the health of pregnant mothers. The enactment of the Law on Family Protection and Population Rejuvenation, which implicitly adopts a health-centric approach, is a significant step towards ensuring women's reproductive health. This research, using a descriptive and analytical method, delves into the foundations of Imamiyyah (Shi'a) jurisprudence regarding maternal reproductive health, and analyzes existing laws to elucidate the status of the right to the physical and mental health of pregnant mothers as a civil right. Findings indicate that the right to maternal reproductive health has solid foundations in Imamiyyah jurisprudence. The preservation of human dignity, justice-centricity, the prohibition of harm to others, and the negation of hardship and embarrasment are among the most important jurisprudential foundations of the right to reproductive health. An analysis of the foundations of the Law on Family Protection and Population Rejuvenation suggests that the Iranian legislature has been attentive to principles such as dignity, justice, the prohibition of harm to others, and the negation of hardship and embarrasment.This research, with a descriptive and analytical method, while examining the legal foundations of Imamia regarding maternal reproductive health, analyzed some existing laws to explain the position of the right to the physical and mental health of pregnant mothers as one of the citizenship rights. The results of the conducted studies indicate that the right to reproductive health of the mother has valid foundations in Imami jurisprudence. Preservation of human dignity, central justice, prohibition of harm and negation of hardship and embarrassment are among the most important jurisprudential foundations of the right to reproductive health. The basic analysis of the articles of the Family and Youth Protection Law also indicates the legislator paid attention to principles such as dignity, justice, negation of harm to others, and negation of hardship and embarrassment. .

The gender wage gap has violated the principle of equality and non-discrimination and the principle of equal pay. In this regard, the International Labor Organization, while recognizing and emphasizing the principle of equal pay for work of equal value in its conventions and recommendations, has conducted research and prepared a report in this field as well. This guide can provide appropriate and necessary policy recommendations to governments. It should be emphasized that the gender wage gap represents a very broad problem, both in societies and in the labor market, that cannot be solved individually. Research has shown that gender pay equity should be pursued through a policy program that promotes an inclusive and transparent labor market alongside the application of the principle of pay equity. Women's economic empowerment has obvious positive consequences for women's agency, freedom, and social and political empowerment. Unequal wages during working years have their effects on gender inequality throughout life, and lower income reduces women's economic independence throughout life, and Its consequences are evident in old age in salaries and income during retirement. The present study, with a descriptive-analytical method, aims to analyze the causes and factors affecting the gender wage gap; Because eliminating the gender pay gap depends on knowing how and to what extent such gaps exist. The results indicate that the factors affecting the gender wage gap are rooted in the human capital model and the discrimination model, which each explain a part of the gap.

In order to guarantee the position of women in society and family, various financial rights have been identified for women, and the purpose of this research is to recognize and explain the effects of these rights.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

A woman enjoys different financial rights due to the different positions she finds in relationships with others; Due to the aforementioned diversity and differences in the works, it is very difficult to present a classification for women's financial and economic rights. The classification of rights is very important in order to interpret rights and determine their territory, as well as solve issues related to conflict, conflict, silence, and summaries of laws and regulations.

The research results show that, considering the fact that the Islamic system was faced with many customs of the Arab society at the beginning of its emergence, which it was not possible to discard them. One of the available solutions was to adjust the aforementioned customs by forging new titles and adding examples of women's financial and economic rights. The model designed for women's financial and economic rights system in Imami jurisprudence and Iran's legal system is based on the protective model..

The content of the Constitution of the Islamic Republic of Iran can be considered based on two types of gender discrimination against women, which can be analyzed in two ways: positive and negative. Women have the same rights as men in the field of administrative and labor law, and it is emphasized in the Constitution. Article 21 of the Constitution, targets women's rights and obliged the government to guarantee women's rights in all aspects by observing Islamic standards. However, the requirement to comply with Islamic standards caused the   word political man to be associated with a gendered interpretation in the interpretation of Article 115 of Constitution, without necessarily having such an intention on the part of the legislator. The interpretation of Iran's Guardian Council in 2015  also did not help to solve this problem in favor of women's rights and to achieve equal political rights with men, and this discrimination remains in effect. The research method of this article is qualitative with a descriptive analytical approach and gathering information from articles, books and internet sites. The result is that because the majority of men dominate the administrative affairs, the interpretation of the Guardian Council has led to discrimination against women in practice and unintentionally, and although positive discrimination in favor of women is included in the Iranian  Constitution, but in the practice of interpretation of this Council; its effect has overshadowed and led to negative discrimination against women

There is no doubt that during wars, women have not only been the victims, but they have also been considered as influencers. Thus, in many international activities they are the aims of many conventions and resolutions based on planning for protecting them and keeping their human rights. Of course, in the domestic level, there are a process of law making and policy implementation to defend women in the time of armed conflicts and after that, especially in the process of peace keeping. The authors with a critical approach examine different policies and programs in this respect in Iran and the US and show disparity between men and women in this regard. This inequality is mainly the result of functions of social and cultural infrastructures of the societies. Although in Iran the procedures of law making has many difficulties in its nature. The main question of this paper is that: what is the impact of gender consideration in the implementation of protective rules for the people who have been engaged in different stages of the war? The authors focus on positive discrimination to reduce neglected condition of women in this respect in Iran.

This article tries to take a poststructural approach to the insight and knowledge interpretive resulting from the study of specific historical issues; Also, using Fairclough's theory of critical analysis of discourse, identify discourse practices that plays a role in the production of women's legal discourse. In this article, from Foucault's paleontological method and Fairclough's critical analysis of discourse were used to describe, interpret and explain the subject of women as an interrupted discourse constructure in three levels of abstraction of social structures, practices and events. The results show that women's discourse evolved in four periods to separate itself from the society as a progressive women's discourse of high social class and finally takes some part of it's rights from society dominant class like western women. Since these demands were not wanted all women of society, they were inaccessible and unreliable, During a period of time, simultaneously with the dictatorship of Reza Shah, women lost their power of discourse and were rejected.

Among the basic themes that have been highlighted in human societies across different religious and ethnic groups until now is the issue of “women’s rights and character”. The status and character of women in each society’s culture reflects the importance and dignity of women in that society. With the advent of Islam, the dignity of women as human beings was restored, and women were elevated to half-humanity alongside men. The humanist school of Islam, whose laws have originated from revelation, has given women great dignity by considering all the rights and characteristics of women as well as taking a comprehensive attitude; But unfortunately, the Universal Declaration of Human Rights paid less attention to the spiritual aspects of human beings, especially women, and more to material aspects instead. this study intends to use a mixed method, with the help of library tools and questionnaires, to answer this key question: “What are the theoretical and fundamental differences between the rights of women from an Islamic human rights perspective and the Declaration of Human Rights?” The results of this study, conducted in Tehran in 1401 on women with a sample size of 384, show that Islamic human rights, with the help of Quranic verses and Islam, include all material and spiritual aspects of women’s dignity and has made religious thought the basis of its theory - contrary to Western human rights, which base their thinking on a secular basis for women’s rights. Analysis of the questionnaire confirms the claim that supporting women’s rights from the perspective of Islamic human rights has had a direct impact on the status of women in Islamic countries, especially the Islamic Republic of Iran

Women's rights are one of the important legal fields that are faced with different views in traditional jurisprudence, all of which are rooted in foundations and methods. The fundamental question is what are the foundations and practical challenges of rebuilding the traditional jurisprudence approach to women's rights. With a critical analytical approach and focusing on the findings of traditional jurists, this article tries to answer the above question and find out in which areas the approach of traditional jurisprudence in the category of women's rights needs re-reading.The findings of this research show that the challenges to the traditional approach and its foundations in women's rights are multiplying and increasing, so that it can bring the role of this jurisprudential approach in human life to a crisis, and this involves the need to update and modernize the traditional approach to jurisprudence in order to be present in the public and humanitarian sphere in the surrounding world. In this article, after explaining the concepts, only some of the challenging foundations of the traditional approach to women's rights; Just like the human personality, the legal personality and the spiritual personality of the woman have been investigated.

Breastfeeding is not explicitly recognized as either the right of the child or as the right of the mother in all legally binding documents. Feminist views have also been another challenge over the past decades. As a feminist, for example, Van Strylek has claimed that breastfeeding empowers women and contributes to gender equality in various ways. First, it confirms a woman's ability to control her body and choose how to use it; second, breastfeeding challenges the prevailing theory of breasts as primary sexual goals and the development of a gender perspective toward women. Breastfeeding is a right because it is a natural biological process that occurs after childbirth and is a maternal right.

The issue of women's rights is one that has followed a path full of vicissitudes throughout history. This issue received a lot of attention in the last twenty years, especially in Afghanistan. However, as a result of recent developments in that country and the coming to power of the Taleban under the name of the Islamic Emirate, the said issue has been sidelined again. These developments led the author to consider these issues and compare women's rights in the Islamic Republic of Afghanistan and the Islamic Emirate of Afghanistan. The main question addressed in this research concerns the sociopolitical rights of Afghan women under the governments of Islamic Republic of Afghanistan and the Islamic Emirate of Afghanistan. The main hypothesis of the research also indicates that the rights of Afghan women during the era of the government of the Islamic Republic of Afghanistan were more in line with the Islamic perspective and international laws. In order to answer the research question, some important reference and international laws and the Islamic perspective in the field of women's rights are considered as criteria, and we evaluate the two governments’ measures taken in support of women's rights according to these two criteria. The research method in this study is descriptive-analytical and library sources were used to collect data.

The right of access to sports spaces and arenas and the freely perform related activities in such places is one of the most prominent demands of women at the present time; in particular, the issue of the permitting women to enter stadiums has always been a subject of controversy and disagreement. Contemporary jurists consider the mentioned issue to be Ḥaram (Forbidden) by referring to the verses and narrations related to the taboo nature of mixed presence of men and women in a place and the subsequent moral corruptions. While proponents have presented different interpretations of the related verses and narrations, or they do not consider the presence in the stadium as one of the examples of these proofs. In this article, while categorizing different and imagined situations, the arguments of the both parties have been investigated. Therefore, in general, due to the inappropriateness of the structure of men's stadiums for the presence of women, the presence of women in such places is definitely a kind of corrupting behavior, and the arguments of the proponents in this regard are flawed and incomplete. At the same time, considering that the mere presence of women in men's stadiums is not forbidden and is considered one of women's rights, the government should provide appropriate conditions to allow women's presence in such places.

Civilians, women and children, prisoners of war, injured, etc. are generally regulating armed conflicts. From this point of view, war is an inevitable act, but the effects and consequences of war on support groups can be reduced. The kindness of civilians in the military and political areas of countries violates their most fundamental and obvious rights, the inhumane right to live. The slaughter is so proven by them and the documents of the international legal nature, however, reminding the international equations of governments involved in armed conflict of war -based conscience will challenge the conventions and protocols of Geneva in order Preventing arbitrary enforcement of civilian rights or committing inhumane behaviors predicts extensive judicial guarantees.The right to compensation, the right to conduct, the right to protection, and the right to claim compensation are among the rights recognized in international and regional documents for victims of severe human rights violations and international humanitarian rights.The crimes of Israeli -backed terrorist groups to civilians in Muslim countries are violating and violating the fundamental rights of civilians, including the right to torture and other rights, human rights institutions in violation of the rights of civilians. In this article we will examine the status of civilian rights in armed conflicts.

Women should enjoy their human rights without discrimination based on gender and race, Therefore, in various international documents, governments are committed to such a responsibility to amend misogynist laws that deprive women of their basic and inherent rights by creating new laws to protect women. The purpose of the current research is to examine international obligations regarding the prohibition of violence against women; From the point of view of obligation of means or obligation of result.
This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Many international commissions and institutions, as well as numerous international documents and conventions have been established in this field to protect women, all of which indicate that violence against women is a serious and global human rights problem.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
The obligations that governments have in the field of eradicating violence against women is an obligation by means; In this context, governments should take appropriate measures and solutions to have effective and beneficial effects on the status of women, and the output will show that violence and its causes have decreased.

Nowadays, the difference between man and woman's blood money is one of the most important issues that is controversial in Iranian legal and criminal law and has created many doubts in the minds. Despite the Islamic religion's emphasis on equal rights for individuals, the Islamic Penal Code contains different provisions for men and women, some of which are protective of women and others, such as the age, criminal responsibility, testimony, blood money, and retribution, are seemingly discriminatory. According to Article 550 of this law, a woman's diyat is half of a man's diyat, and the reason for this, in addition to some jurisprudential reasons, is the difference between the social and economic status of women compared to men. The issue is the difference between blood money and retribution between men and women. According to the famous fatwa of the jurists, a woman's diyat is half of a man's diyat, and in injuries it is believed that a man and a woman are equal to one third of the diyat, and more than that, a woman's diyat becomes half a man's diyat. Therefore, there is a difference between men and women in the matter of blood money, but not because the price of a man is higher than a woman, no, there is retaliation for both, soul for soul, but some jurists argue that because in the field of economic issues, a man is mainly active and the source of wealth and the production of wealth, they consider the inequality of blood money as a rational thing, and thus incite discrimination against women and consider it a trivial thing. The difference between the diyat of a man and a woman is related to the conditions and requirements of the time of the beginning of Islam; considering the change in the conditions, requirements and criteria in our time, we should consider the diyat of women as equal to men.