نشریه مطالعات اسلامی زنان و خانواده
سال دوم شماره 1 (پیاپی 2، بهار و تابستان 1394)

According to the constuon, Sharia laws govern the country’s rafied rules and regulaons,and the rafied rules should not be in conflict withSharia laws.For this purpose, rules areweighed in correspondence with Fatwas (jurisprudenal decrees). In this mechanism, two terms “Sharia laws” and “conflict” have assumed importance.It seems that the ambiguity in the word “conflict” and lack of a clear theory on the nature of Sharia law has caused problem for the legislator in many cases.This necessitates a clear hierarchical modelfor legislaon and supervision over law.This modelis not related to legislave and supervisory organizaons; rather, through exact explanaon of Sharia laws, it determines the inconsistencies and conflicts between rules and Sharia, and the criteria for preferring Fatwain the legislaon process.This paper scrunizes the ambiguies in two provisionof inconsistency with Sariah laws and adjusts it withsome instances of family laws. It thenproposes a new model of the criteria for preferring Fatwa as legal judgment.Using an analycal approach, this model is presented in the area of fundamental rules and analysis of the constuon’s rafied laws.

Some of the instances and paerns of women’s clothing, andthe limitsordinated by Islam in this regard, have been referred to in the Quran and tradions, and some others must be invesgated in the reports menoned in historical,tradional and interpreve sources. Terms such as Jilbab (women's garment),Khemar (women's scarf), Qena’ (long scarf)… in the conceptual network of women’scoverare instances of the noon of clothing.Understandingand defining these terms properly via authenc earliertexts can provideus with the true meaning of these terms and the convenonalizaon ofsome of them in the present era. If the noons related to the conceptual network of women’s clothingare more meculouslystudied,and the similaries and differences of the terms used in different texts in the past and present mes are determined, a paernbased on genuine teachings will be depicted.Using library-based method, this research explains and presents, based on the Quran and Sunna, thetrue meaning of theconcepts related to women’s clothingin three parts: head,bodice, and whole body,so that the weaknesses and strengthsof the current clothes can bejudged.

Based on Islamic jurisprudenal (Fiqhi) teachings and legal rules, starng a family entails a variety of rights and obligaons between spouses and between parents and children.In order to preservethe family instuonwith regard tospouses’marital dues, there are variouscivilandpenalsancons whichcan impede theweakening of this valuable social foundaon.Since both wife and husband mayviolate their marital dues, religionandlawhave imposed some sanconsin order toprevent such violaons. In case ofwife’s disobedience or violaon of marital dues, husbandhas the right to unkindness, punishment, or refusalto pay alimony, andif wife’s disobedience connues, husband has the right ofremarriagewith the permission ohe court.In the case ofman’sviolaon of marital dues, onlyihisdisobedience is due tofailing topay alimony, the lawmaker has imposed penal sanconsas wellcivil sancons.However, regarding the other cases of man’s disobedience which have beenemphasized in Fiqh, the family protecon law has made no comments.Using an analycal-descripve method, thispaper seeks to answer this key queson:basically, canman’s violaon ofwoman’s right to sexual intercourse or sleeping together be considered asa crime?Andif this islegally regarded as a crime, can penal sancons be imposed in order to avoid it?The paper’s results show than some cases,evenihe family protecon lawis not an effecvedeterrent and comes undersomecricisms in this regard, special consideraonsof family lifeand properes ohe abovemenoned rightsnegate apenal response to it (excepn the case of refraining frompaying alimony), andinthis case, the inacon of family protecon lawis right and jusfiable,even thoughthecivil sanconswill sllremain operave.

"Jealousy" is ahuman state and an emoonal condionthat originates from self-love,innate nature, cultureor social structures.There are several kinds of this human state.Sexual jealousy is the result of dividing jealousy with respect to the index of "gender",and the outcome of this division is "male sexual jealousy" and "female sexual jealousy”. In religious texts, jealousy and sexual jealousy of men is normavely valued and emphasized. Thesetexts, however, indicate a different view of sexual jealousy of woman. With jealousy being a natural phenomenon, doubts are raised as to howthisinherent affair is condemned in one sex and praised in the other sex?This paper combinesthe tradional and analycal methods to address the concept, kind and normsof sexual jealousy.Using the tradionson this issue, the paper introduces “religious law”, an indicator for delimitaon of natural affairs,as the criteria for studying the norms of sexual jealousy.

Vulnerability of family and society to “divorce” is undeniable. Among the soluons proposed by Islam fordecreasing divorce rate is the return of couples to married life, which varies according to the type of divorce.Except for a few cases- in which spouses’married life with each other isreligiously forbidden forever- it is possible to remarry aergeng a “divorce”.The most significant examples of thisreunion arethe cases of “revocable divorce” and the“waing period aer divorce”.The decree of“waing period aer divorce” and the right to “withdraw from divorce” are among the issues menoned in the divorce verses that contain the rights and dues of spouses during this period.Using a crical and analycal approach, this arcle reviews the interpretaons of the verses concerning divorce and related tradions in Shia and Sunni books, and considers the soluons menoned in the Quran on the theme “withdrawal from divorce” and its role in preserving the family instuon.Living in husband’s house, enjoying the right to alimony, good and proper relaonship with wife,strong determinaon of man for reconciliaon and peaceas a condion for lawfulness of withdrawal from divorce,the possibility of withdrawing from divorce only for the limited number of two mes and theunlawfulness of withdrawal from divorce more than two mes,(with the excepon of a woman who marries someone else and then gets a divorce so that she can marry her first husband), preferability of former spouses for remarriage, not prevenngthe revocaon of divorce by the relaves, and respecng divine laws are some of the issues considered in these verses.They determine some of the rights and obligaons of each of the spouses .The common element in these decrees is preserving mutual respect and honorof the spouses and paving the way for their remarriage so that family , the most important and influenal social instuon, is protected against harms.Showing respect for “divine rules” and observing “piety” can definitely guarantee the realizaon of the rights and dues desired by the Quran.

According to the theory of “manifestaon” in Islamic myscism, every creature is the manifestaon of the Glorious God’; everything manifests God within its existenal capacity. This fact affects the two arcs of ascent and descent. IbnArabi’s view of woman is a funcon of the sayings in these two arcs.His viewpoint on woman is totally indebted to the Holy Prophet’s (pbuh) character and His famous narraon in which he regards woman as his best loved worldly being. Ibn-e- Arabi believes that man and women had the same creaon in the arc of descent, and both deserve an equal perfecon, the posion of polarity, in the arc of ascent. Believing in Eve, the first woman in world, Ibn-e-Arabi holds that Eve’s correspondingenty is the Divine breath,which is the first emanaon and the Glorious God’sunique manifestaon.He argues that the other manifestaonsresult from her.Accordingly, in the arc of ascent, due to the natural delicacy of woman and her compability with the Supreme worlds,she can more quickly achievesupreme posions and ranks.At the end, he concludes that woman’s desirability for the Holy Prophet is because the scent of being was released from woman and the Glorious God’s great manifestaon occurred in woman. Using a descripve- analycal approach and drawing on the literature on the arc of ascent and descent in theorecal myscism, this paper infers and discovers the posion of woman in the view of Ibn-e-Arabi, and invesgates the dispersed evidence about woman in the works of this great mysc.