فصلنامه مطالعات راهبردی زنان
پیاپی 84 (تابستان 1398)

Women's employment is a subject to which many jurisprudential studies have been conducted about it. The result of most of these researches is the license of the woman's employment, observing the conditions and limits. The inferential method of these studies suggests that generally this subject has not been systematically considered. With an emphasis on the direct role that the jurisconsult has in his inference, this paper deals with the systematic view of the category of women's employment. The main issue of this paper is to deduce the Islamic policy of women's employment and how it is realized in the Islamic state. In deducing religious rules on women's employment with a systematic approach, the following results were achieved: women's employment is permissible, but it can not be transposed to public policies and concluded. Which employment line can be the same as for men and women, but in terms of the provision of maternity and child support for men, if the male and female employment policies are considered to be entirely equal, the lack of justice will be. The Islamic policy of employment, in jobs that do not respect religious preferences of a particular gender, gives priority to men, and To implement and enforce it, the Islamic State must oblige the government and private employers to comply with this line.

Natural Guardianship in children’s affairs is a law that was previously in effect, and which continued with Islam. According to the provisions made in the religious legal demonstrations, this guardianship is for the father and paternal grandfather. Based on the opinions of some contemporary scholars who refer to changes in laws, which have been made with regard to “women” and “family,” and based on the effects of time and place on the logical deduction of laws, the subject of the Natural Guardianship of mothers too has been raised. The stipulations that govern logical deduction based on time and place and the ways that laws change have been reviewed in this investigation first. Next, changes in the laws concerning “women” and laws with respect to “the structure of the family” have been studied. In analysing the changes in laws concerning the two designations, “women” and “women’s guardianship,” two things became clear. Firstly, no findings prove that designating guardianship is subject to the guardian’s academic ability and economic success. Secondly, these two designations were not abrogated during the lifetime of the women at the time of the Prophet (s) and they did not exist for all men. Therefore, no substantial changes have been made in the laws about women. On the other hand, contrary to the acceptance of the fact that the structure of the family has changed in the present era, one cannot ignore the damages caused by this change and issue a verdict to abolish the paternal grandfather’s guardianship. In order to compensate for these damages and strengthen the roles, which support the family, a new model of the extended family needs to become a part of the culture. Moreover, the father and the paternal grandfather being designated as the guardians is not based upon being near the child. Therefore, even if we consider the nuclear family structure, we cannot say that the limits of guardianship have changed. Overall, in using the analytical-critical approach, this investigation has proven that the laws concerning “women” and laws with respect to “the structure of the family” have not changed due to the effects of time and place on logical deduction. Furthermore, the limits of Natural Guardianship do not change. It is necessary for legislators to foresee the necessary provisions for the cases where it is not in the interests of the children to be under the guardianship of the father or the paternal grandfather.

The sanction of imprisonment of the husband who cannot pay the dower is one of the problems that can harm the couple’s relationship. This will cause divorce in some cases. On the other hand, payment of dower at the right time can consolidate such relationships. This descriptive-analytic article is to answer the question that whether the preliminary detention of the husband claiming insolvency from paying dower according to Islamic law, the Family Protection Law 2012 and the Execution of Financial Penalties law 2015, is allowed? Islamic law sources state that investigation of insolvency claim is urgent and imprisonment of the insolvent is not permitted. They also do not regard imprisonment as a sanction for not paying dower. According to the above-mentioned laws, as well as Islamic law, if the husband had had or has enough wealth, he will be imprisoned.

The family has been formed as one of the most important basic foundations of the society by marriage of couples and the health of this connection has been considered at an early stage in the Quran and narratives. As various verses point to the significance and effects of it, different factors have changed the natural and natural routine of marriage and to some extent it has been removed from the state of religion and custom. The lack of spirituality, worldliness, unwillingness, economic barriers, has played an important role in creating these changes, especially the phenomenon of white marriages ( Marriage and sex without formal marriage registration). This research titled "Solutions to Coping White Marriage in Society from the Perspective of the Quran and Narrations" Analytical-descriptive study examines the clinical factors and its implications for family and community. The Qur'an and narratives, which are the source of guidance and guidance for human happiness, will have a positive effect in reducing this social problem by providing preventive and therapeutic strategies. The result of this research is that the study of the Qur'an and spirituality, the spread of familiarity with the culture of religious doctrines, the commitment and adherence to the Islamic lifestyle and the pattern of placing the lives of the infallible Imams (PBUH) prevents the spread of this form of haram in society

Study of women’s place in the Islamic Punishment Code (1392/2103) is one of the most important issues in the field of women’s rights. Because of numerous objections posed by feminists against Islamic Law as well as laws of the Islamic Republic in the field of women’s rights, special importance should be attached to this subject. Studying this Code and comparing it with the previous ones, one may say that the present Code has elevated women’s place and tried to create a position for female offenders similar to, or in some case better than, that of male offenders. Taking a differential penal policy concerning victimized women, this Code has considered special penal and non-penal supports for them. In the Chapter of Retaliation and Blood-Money, some developments have been mentioned.  In the Blood-Money Section, it has been mentioned that the difference of woman’s blood-money should be paid from Physical Damage Fund and, in the Retaliation Section, it has been said that the male criminal may be forced to pay blood-money for the female slain and the woman’s blood-money difference may be paid from Public treasury to help heirs of the female slain retaliate the male murderer.

The establishment of criminal justice had one of the most important wishes of human being throughout of history, that will be possible in the light of helding fair trials based on the right to seek justice and defense. The vulnerability of women, that has impact on their victimization specially, make them deserve on special protection. Preventing the re-victimization of women - in particular judicial victimization during criminal proceedings - requires that women be adequately protected, both as plaintiffs, victims and defendants, at the area of the country's criminal and judicial policy. The constitution, Islamic Penal Code, Code of Criminal Procedure, or other regulations and bylaws provide many rights for the defendants. This article deals with the legal system of the Islamic Republic of Iran and the rights that women defendants enjoy in the field of judicial justice are briefly stated by descriptive-analytical method. Regardless of the fact that laws of procedure must be primarily based on human character and gender difference, women in the process of justice need special attitudes and special support.

Family is the oldest and the most significant social group, the fundamental unit of the society, and the canon for man''s spiritual development. Observing ethical judgments, woman and man constitute it on the basis of legal rules. Since woman is a fundamental component of the family, individual and social rights and duties of women, as the most significant part of woman''s legal system, have always been a challenging issue. In its widest sense, woman''s individual rights are defined as those freedoms, abilities, and demands that are considered necessary by the community for the individual''s advancement. Woman''s status as well as her role in both individual and social life is treated in a very special way in the Islamic legal system. Explaining essentials and proofs of freedom and limitation, the present research compares woman''s status as well as the rate of her limitation/freedom in ritual, political, economical, social, etc. realms before and after marriage. Findings indicate that on the one hand there is no notable difference in woman''s status as well as rate of her limitation/freedom before and after marriage and, on the other hand, there are some religious solutions for reduction or elimination of probable limitations occurring to woman after marriage as well as securing her freedom in the actions