فصلنامه مطالعات راهبردی زنان
پیاپی 86 (زمستان 1398)

The general policy of the legal system in the Islamic Republic of Iran is encouraging arbitration and institutionalizing it. In the legal system of Iran, arbitration has two functions. In the Civil Procedure Code, it has a contractual basis and is a pseudo-judiciary institution. This institution can go to settle suits alongside with juridical courts. In the Protection of Family Act, however, it is a legal must for divorces on which spouses have not mutually agreed. It is a non-judiciary institution merely aimed to make peace and agreement between spouses. For this reason, contractual arbitration has more capacity to settle suits including family ones. Studies show that, in the Protection of Family Act, arbitration is awfully useless and plays a negligible role in solving family’s problems. Thus, it is better to use contractual arbitration in family law. Through contractual arbitration, spouses become, voluntarily, obliged to settle their problems through an arbitrator on which they have previously agreed and, so, avoid referring to the court. With the contract of arbitration, spouses negate themselves of the right to refer to judiciary courts and, they are not able to file the subject of arbitration in the court unless through an agreement.

Since the regulation of population policies and the enactment of laws and regulations related thereto are among the priorities of the Islamic Republic of Iran, these laws and regulations must be formulated and implemented with a long perspective in accordance with demographic conditions and characteristics; A desirable demographic system is necessary and necessary to identify appropriate indicators to legitimize demographic and child policies. T The need to address this is because population and child policies are of paramount importance in the realization of the government's development plan and are a component of authority, national power, and system stability. In addition, the Government of the Islamic Republic of Iran has adopted inconsistencies in the adoption of population policies and laws, due to the lack of specific indicators in the definition of population policies and the lack of attention to the subject of population at times and places. The authors are therefore descriptive and analytically seeking to answer the question, "Given the pathology of the population-based regulatory system, which indicators can serve the purposes of population policy?" With the pathology of current population laws and policies, it will become clear that the country's population system has been damaged; regionalization, and attention to population quality, and a focus on the principle of proportionality.

Feminists believe that gender is influential in knowledge and cognition, and that various knowledge is formulated by men in accordance with their interests and justifies the oppression of women. On the contrary, critics believe that in this view, firstly, there is a confusion between the criterion of the truth of knowledge and its origin, resulting in a "developmental fallacy" and secondly, it causes "epistemic pluralism". According to this article, the accuracy of Allameh Tabatabai's Theory of Considered Things tools provides a new analysis in this discussion. Based on this analysis, we can talk about the "causal effect" of gender on the level of formation of  considered things. Thus, gender does not prove  considered things and, contrary to critics' beliefs, is not their "criterion of truth," but it can create them. In the meantime, in order to attain wise  considered things, if a person has sufficient prior knowledge of existence, human, and the relationship between the two, and is not confined to a particular gender, he can attain more wise  considered things. Thus, neglecting the influence of these previous cognitions is a mistake of the feminist view, not a belief in the influence of gender. In the meantime, believing in basic knowledge can also prevent one from falling into epistemic pluralism. In this article, the two criticisms with emphasis on theory of considered things are examined in detail.

Formation, preservation and upbringing of the family at the holy shrine is a popular affair and numerous verses and traditions have emphasized the importance of this holy center. But can family solidarity serve as a basis for discovering religious law? This study considers the importance of family solidarity in the context of the dominant form of family solidarity based on the Holy Quran's approach to the principle of family solidarity; in this way, the principle of solidarity is considered to be one of the fundamental values. There are various arguments to prove that such as transactional reason, rational reason, preservation of human system, rule of law and so on. Finally, the conclusions reached show that this principle as the major destination of Shari'ah in the family domain can be an effective element in the inferences. Come up with the religious orders. Some examples of the influence of family solidarity principles on jurisprudence are outlined.

Under the Islamic Law, sayings and Quranic verses, the husband is obliged to pay the spousal maintenance. Article 1106 of the Iranian Civil Code provides that the husband pays the spousal maintenance under the permanent marriage. This obligation survives when the marriage is dissolved due to divorce , revocation or the death of the husband if the wife is pregnant. According to Verse 6 of the Divorce Syrah (Quran) and Islamic sayings the pregnant divorcee is paid no matter the divorce is revocable or irrevocable. However, the scholars and clergies follow different views on this question whether this cost belongs to the wife herself or her child. The majority of Shiite, Shafei and Hanafieh branches regard it as the the child support. Other Shiite and Hanafieh scholars argue that the cost belongs to the wife .Even, some of these scholarsa believe this cost is a separate maintenance during the death Eddeh. It has been argued that the wife deserves no cost due to this fact that the dead husband is no obligation to pay. On the other hand, it may be asked that if the pregnant receives a part of the pregnancy maintenance cost or not. This research concludes that the wife should be paid the cost as the valid sayings and the "no insolvency and hardship "rule provide so. 

the question of representing women in commercials and how to supervise the representation and protection of women's rights and dignity is one of the issues that different stances have taken to it regarding to its cultural, economic and social foundations as well as the attitude to this group. In some cases, this subject oversimplified, and when it comes to legislating, only general matters mentioned. On the other hand, in some cases, the reactions were very rigorous and nonflexible, so that detailed and firm rules ratified. Because in current day far-reaching Encroachment of commercials to all fields is undeniable, neglecting the legal system governing the most frequent and concise media message about women regarding to norm creation and influencing on culture and social values can overshadow favorite function of commercials and by misusing women and representing them in stereotyped forms, is the inducer of the most false faces of women to audiences. This research tries by using library and documentary study method examining and evaluating the rules and regulations regarding the protection of women's status and dignity in commercials and guarantee of implementation of these rules. The obtained results indicate the diversity, repetition and formality of the support provided in the rules and regulations in commercial messages. The lack of effective implementation guarantees should also add to this issue.

In case where the woman forgives her portion to the man and the man simultaneously applies for divorce and woman determines to return from her donation portion, regarding this issue that whether the woman has such a right or not, there exists two jurisprudential ideas. The paper legally and jurisprudentially analyses the return of the woman from release obligation of the portion according these two ideas. At the meantime, returning from portion releasing obligation and donation when the portion is identical or debt, has also been scrutinized. Through analytical- descriptive method, the article studies the jurisprudence-legal opinions and answers the questions. Moreover, on the basis of the subjective condition, the findings show that, while the woman has the right to return from donation portion whether identical, debt or acquisition of the debt, but as releasing from obligation is only in the debt, returning from the releasing obligation of the portion is permissible only in the form of acquisition of the debt.