نشریه مطالعات اسلامی زنان و خانواده
سال ششم شماره 1 (پیاپی 10، بهار و تابستان 1398)

One of the most prominent verses of the Qur’an considering the position of Ahl al- Bayt in relation to the Holy Prophet (saw) and their virtue, on which there is a general consensus among Shiites and Sunnis, is the verse 61 of Surah al-’Imran commonly known as Mobâhala. However, regarding this verse, there are some issues and interpretations debated by some Sunni commentators about parts of the aforesaid verse that requires discussion. In other words, some aspects of the aforesaid verse have been debated by them that are very serious in comparison to the attitudes of the Shiite commentators who unanimously identified the holy verse as one of the verses signifying the virtues of Ahl al-Bayt. One of the already less well-regarded aspects is the meaning of “Nesâanâ” in this verse. This study, based on a literary descriptive-analytical method, specifies the word “Nesa”. Furthermore, by analyzing the viewpoints of lexicologists and commentators, and, during a thematic study in the Qur’an, it is concluded that although the concept of “Nesa” includes all women, both adult and immature, as well as wife and female gender, etc., but the use of “al”, “Tanvin” and genitive, make its meaning more specific. Accordingly, and based on the style and syntax of the verses, wherever the word “Nesa” is accompanied by the word “Abna” in the Qur’an, it means daughters. Therefore, the meaning of “Nesâanâ” in the verse of Mobâhala due to the point that it is accompanied by “Abnâanâ” signifies the daughters of the Prophet (saw). Based on the narratives, among the daughters of the Holy Prophet, it refers to Hazrate- Fâtemah (SA) and does not refer to his wives.

Islamic jurisprudence and Iranian family law, man is responsible for supplying the livelihood of his wife and children. If a man refuses to give alimony to his wife in spite of his financial ability, he must either refine his behavior or divorce his wife. There is a disagreement among jurists about a man who cannot afford alimony due to poverty. Some jurists oblige woman to have patience at the time of her husband’s inability to afford alimony. A number of them have given her the right to terminate her marriage, whereas the other ones’ solution is mandating husband for divorce. Iranian civil law has confirmed the third solution and legalized divorce due to husband’s inability in affording donation. Consequently, poverty in Iranian family law is identified as a reason for terminating marriage. The aforesaid viewpoints are criticized because the obligation of patience for the wife can impose detriment upon her. On the other side, the dissolution of marriage to termination or divorce is based on the rules of family private laws and is not compatible with supportive responsibility of the state. There are a plentiful number of narrations highlighting the necessity of the responsibility of the Imam or the Muslims’ governor for providing financial security of families. Based on these narrations, supreme documents and executive laws in the Islamic Republic of Iran have constantly emphasized the requisiteness of government responsibility in supplying the financial security of families. Therefore, employing the capacity of family public law as well as emphasizing the necessity of government’s role in providing financial security for families is presented in this article as the jurisprudential-legal solution for the aforesaid issue. Through this way, the grounds for divorce are eliminated and husband’s poverty is also omitted from among the causes of marriage dissolution.

Receiving Shirbaha by spouse is one of the instances of contradiction of customs with family law in Iranian society which has led to numerous financial problems as well as manifold juridical issues for families. Thus, two necessities make the jurisprudential inquiry into the issue of Shirbahâ as a requirement: The first necessity is specifying the duty of the required person for granting and gaining Shirbahâ. The second necessity is the legalization of this issue precisely according to its jurisprudential principles. Thus, the goal of this article is not only to analyze the essence but also to express the dimensions and decrees related to Shirbahâ from the perspective of jurisprudence and statute law. Moreover, it highlights some important aspects including evidence of reference canonicity which has been neglected so far. Findings indicate that Shirbahâ is a conventional subject and in terms of essence it can be considered as a gift before the marriage. However, it is not exclusively restricted to this dimension and other forms can be assumed for it. The jurists’ point of view is that according to derivative appellation in Shirbahâ, its decree is also different. In some of these forms, the gaining is illegal and reclaimable, whereas in other forms the gaining is permissible and reclaimable. In some other forms it is permissible but not reclaimable. Indeed, there is a focus on the point that the evidence of reference canonicity in the mentioned cases are in contrast with each other. The civil law has mentioned nothing about the essence and canonicity of Shirbahâ. However, from the lawyer’s point of view, if a husband commits to grant Shirbahâ, then it is certainly claimable.

Following the onset of the modernization process in Iran during Qajar era and its rise during the Constitutional movement, unprecedented contents emerged in the press of that time covering the issue of hijab. At that era, addressing and protesting the issue of Iranian women’s hijab was a dilemma that remarkably aggravated social and political realms. Nevertheless, the new literature that brought about the change in the status of Iranian women gradually penetrated into this realm. Applying Pedam’s discourse analysis method in five levels of analysis, this article examines some texts related to the issue of women published in the press of Constitutional era from the "superficial" to the "deeper" levels. Furthermore, while there is a lack of research on this issue as well as the the limited efficacy of historical methods, by explaining the reasons and motivations, the role of the cultural, political, and social conditions of that era, this article illuminates their impact on the issue of hijab and its emergence and advancement in that time. On the one hand, women and intellectuals education in European schools, accepting European cultural leadership, the need for progress and modernization of Iran, and on the other hand the profound absorption of Iranian women in traditional and old beliefs alongside the strong patriarchy of Iranian society, played a key role in taking stand on the progress and improvement of the women of that time. By examining the contents of Iranshahr Magazine, which due to its publication outside Iran, was less restricted in expressing its thoughts, it is clarified that the parallel social demands of that era, such as the right to education, equality in women’s rights and their social freedom, alongside critical literature attacking the culture and tradition of Iranian males and females, contrasting the culture and tradition of Iranian women with European women, undermining cultural institutions such as training, housekeeping within Iranian-style, indeed, represented a kind of preparing, ironic, and alternative literature for discussing sensitive religious and social issues, such as hijab.

Wife’s ownership of marriage portion is established at the moment that the engagement recital is observed. It is noteworthy that the granted ownership over the half of marriage portion is firmly fixed and settled. Whereas, her ownership over the other half of marriage portion is precarious and she gains complete ownership in case of sexual intercourse. Marriage portion varies in different forms depending on the degree of credit validity, the criterion of determination, the determinant and the time of claiming. But this difference does not have any effect on regarding marriage portion as a debt since at the moment of observing the engagement recital, the marriage portion becomes the property of the woman. Therefore, it is obligatory for the husband to grant marriage portion. However, the decree of the incumbency of its granting depends on claiming. Accordingly, either its long-term duration or its non-determination at the time of marriage does not affect its existence as a debt. The a foresaid factors can only change the amount and the time of its claiming. Importantly, sometimes the husband intends to evade payment, therefore he carries out artificial or real transactions with others in order to represent his inability for affording marriage portion. This study highlights that from a legal- jurisprudential perspective what legal status seems reasonable for these transactions. There is disagreement among Jurists and lawyers on the validity of such transactions. But the result of the present study, which has been carried out based on a descriptiveanalytical method, relying on library resources, indicates that husband’s transactions with the intention of evading payment, whether real or artificial, due to the illegality the transaction intention, are invalid. However, the aforesaid invalidity in husband’s artificial of transactions can also be claimed due to the lack of real intention, as well.

Virtual space- as a recent media- is capable of changing culture and presenting a new redefinition of cultural affairs within a deep and vast scale. Gender roles and especially the marital role of women are recognized as one of the most prominent cultural components in our country which has been challenged by the virtual space. Employing relevant theories, this article aims to reach an understanding of the nature of virtual space in order to address the question that how virtual space persuades women to refuse performing the roles they have so far undertaken. For this purpose, after presenting theories and defining the concepts, selected messages from the sample are analyzed based on the thematic analysis, and the main themes of the telegram networks’ activities against the marital role are extracted. The findings imply that these networks are trying to change the concept of spouse in two realms of “behavior” and “thought”. In the latter realm, they focus on the components of “housekeeping”, “obedience”, “betrayal” and “separation” in order to overshadow women’s behavior in the family. In the field of thought, these networks emphasize “fantasy meaning-making of women”, “representing spouse role as contemptuous”, “inequality induction” and “the stereotype of the cruel husband”. Moreover, by constructing a new identity for women, they try to dissuade Iranian women from performing the roles they have so far undertaken.