فهرست مطالب

نشریه فقه و حقوق خانواده
پیاپی 72 (بهار و تابستان 1399)

تاریخ انتشار: 1399/10/03
تعداد عناوین: 12

فارسی
English

انتخاب همه

The comparative study of the Peace Organization from the point of view of the Holy Qur'an and the Iranian Judiciary

Sedigheh Mahdavikani *, Atieh Rangchitehrani Pages 5-24

Peace or reform is one of the values of the family that is rooted in other moral areas of the Qur'an, and the reform of nature and the elimination of family problems means compilation of hearts and peace and reconciliation between women and girls or other members of the family. A third party mediation between the lawsuit to resolve the dispute and resolve the dispute without resorting to legal and judicial methods has been very much considered and recommended by the holy book of Islam. In family cases, considering the existence of three major indicators in the family institution, namely, the value, affection and hidden privacy of the family, which distinguishes this center from other institutions in the community, peace and compromise will reduce fruitful litigation. It is intended to clarify that in the event of differences between couples, the Holy Quran, in order to prevent the deepening of their differences, is the best way of arbitrating and mediating two individuals in the family of both parties to resolve the problem with goodwill and experience, and peace between them and Compromise.
Keywords: peace, Family, family law, arbitration, Dispute Resolution Council, quran

Abstract View Paper Research/Original Article Original: Persian
The Legislative Requirements of Population Policy in the Legal System of the Islamic Republic of Iran

Ali Taghinezhad *, Seyyed mohammadmahdi Ghamamy, Houssin Azizi Pages 25-47

The population, as the human capital of a country, is a vast and complex political, social, economic, and security puzzle that today, given the declining birth rate, must be looked at comprehensively and correctly in all its aspects. In addition to the socio-economic costs of having children and raising them, the main reasons for Iran's declining growth rate are lifestyle, disproportionate population distribution, and urbanization, especially in metropolitan areas. It happens. The importance of this issue reached such a level that the Supreme Leader of Iran communicated the general policies of the population to the heads of the three forces. Indirect population demographic policies, meanwhile, appear to be more important than direct legislative policies, although little attention has been paid to them. Therefore, the question of the authors of the article is "What are the legal requirements of demographic policy in the Islamic Republic of Iran?" The authors' hypothesis, apart from the fact that they should formally adopt a comprehensive population regulation law, is that the legislature should increase the population by amending social and tax regulations, granting economic and social facilities and regionalism, This increase should lead to a balanced and proportionate distribution of the population.

Keywords: population, Population Policies, Population Imbalance, Growth Rate, Regionalism

Abstract View Paper Research/Original Article Original: Persian
The Rational Reason for the Loss of Independence Mature Girls in the Marriage Contract In Iranian Law and International Law

Alireza Sharifi *, Parvin Babpiry Pages 93-117

A quick effect and overcome feeling on the power of intellect which gets prevents selection homologous paired is a matter which, as a intellect reason aim deprivation superintendency mature girls in marriag is set select item advocators independence guardians in marriage in imamiyah jurisprudence, article 1043 of the civil code, and opinion sunni demos Jurisprudences on non shiite iranians personal status. this is while in international scene Some documents and also Some comments in Imam's And Sunni Jurisprudence Known to Recognize Independence in marriage for girls. so this is the writing sestm descriptive analytic method is about study the main reason for the prohibition independence of girls in marriage based on the inability to choose homologous paired due to lack of experience and quick effect. That today in the light new science of psychology and strengthening emotional intelligence which gets causing growth in marriage this topic can be removable simply.

Keywords: Rational Reason, Mature, girls age Marriage, anian, law, International documents

Abstract View Paper Research/Original Article Original: Persian
A jurisprudential reflection on the ruling on the non-conditional permission of the husband in Hajj al-Islam

Mohammadreza Kaykha * Pages 119-142

According to the well-known view of Imami jurists, a woman who is able and obligated to perform Hajj al-Islam not only does not need to obtain permission from her husband, but if her husband forbids her from performing Hajj, she should not obey her husband and it is obligatory for her. Perform the Hajj. And while this may conflict with the husband's rights. This research, which has been written in a descriptive-analytical way, shows that there are some reflections as a reference to Bob's arguments. The result of reflection on those arguments is that obedience to the husband is abrogated only on the assumption that the couple's rights are not violated. However, where performing Hajj requires the violation of the husband's special right of obedience - especially when the husband commits a sin - and the husband does not allow the Hajj to take place, the obligation of Hajj will be borne by the wife.
Keywords: Husband's permission, conditions of Hajj obligation, ability, wife, Hajj al-Islam

Abstract View Paper Research/Original Article Original: Persian
Wife’s Alimony: Debt or Obligation

Hamed Khubyari * Pages 143-160

Many jurists have considered the wife’s alimony to be among the secondary rules and explained its difference with the alimony of the relatives based on the distinction of the concepts “debt” and “obligation”. This theory is raised and accepted by most legal experts. They have regarded the marriage as the basis of the alimony as a debt. The author believes that although marriage is the basis of alimony as an obligation, the reason for changing of this obligation into a debt is the refusal of the husband of payment of the alimony and transformation of its nature into a contractual responsibility. Accordingly, the wife even as regards the current alimony is not the owner of the debt of the husband and the latter’s obligation depending on the type of the subject of the alimony is the obligation of gift or permission of possession. Thus, such issues as the guarantee of the future alimony, transfer of the current alimony as a whole either as an obligation or its permissibility are all essentially baseless in view of the denial of their subject. The findings of this study can influence in judicial opinions, because if the alimony is considered to be a contractual obligation and not a debt, by demonstration of insolvency and force majeure as a basis for refusal of payment, the current alimony will not turn to a debt and wife can use other legal solution to redress damage and even can assume the duty of disburse on commonwealth shoulders.
Keywords: alimony, Debt, Contractual Obligation, Obligation of Gift, Permission of Possession

Abstract View Paper Research/Original Article Original: Persian
Alimony in temporary marriage

Fatemeh Khosravi Haghighi, Kobra Poorabdollah, NASIBEH HASHEMI NEJAD * Pages 161-187

Temporary marriage is one of the accepted institutions in Islamic jurisprudence and jurisprudence which differs from permanent marriage in terms and conditions. One of these differences is the obligation to pay alimony, which in the case of permanent marriage, the couple is obliged to pay the alimony against the temporary marriage to the spouse. Couples are contracted and supplemented by this type of marriage, and it is agreed that the condition of payment of alimony by the couple as a condition of entering into a contract of marriage or placing a temporary contract on the payment of alimony as a valid and valid building condition. This confirms the sovereignty of the parties in the formation of contracts and contracts, Be it. However, these terms are not subject to the permanent effects of the marriage contract and have the characteristics of the contractual terms and are subject to the underlying or contractual terms. Another option is the payment of alimony which can be longer or less than the termination of the marriage. Due to termination or expiration of the contract or the term of the marriage and the existence of the term of the charity after the dissolution of the marriage whether the act remains a condition or not, there being a difference of opinion expressed in this writing separately.
Keywords: Temporary marriage, financial rights, alimony, condition of marriage

Abstract View Paper Research/Original Article Original: Persian
The principle and appearance conflict in family law

Mahdi Abdar Esfahani, Ehsan Aliakbari Babookani *, MohamadAli Heidari Pages 189-215

Some jurists believe that in the conflict between principle and appearance, appearance takes precedence over principle. Given that the courts do not currently have a single procedure, some judges jointly prefer appearance over principle and others prefer principle over appearance. In the present article, which will be descriptive, the authors try to express a superior theory in the conflict between principle and appearance, according to the principles of different theories of jurists in terms of the preference of each principle and appearance over each other. The main purpose of this study is to examine the meanings of the principle and appearance as well as the views of jurists in this field and to examine the practical cases of this issue during the trial on family issues to determine which judge prefers in dealing with such cases during the trial. Give. In this article, according to the uses of jurists and fundamentalists, the method of using these principles and their conditions in jurisprudential inferences has been obtained, and through this, a somewhat comprehensive analysis and a barrier to it has been presented.

Keywords: (principle), appearance, conflict, Obstruction, Amareh, Absolute Suspicion

Abstract View Paper Research/Original Article Original: Persian
Protecting Women against Violence in the Light of the Case Law of the European Court of Human Rights: With Referring to Iranian Legal System

Mousa Karami *, AhmadReza Tohidi Pages 217-241

Pursuant to ECHR, VAW violates the right to life, the prohibition of torture, the right to private life and the principle of non-discrimination respectively. Furthermore, ECHR has observed that, in order to comply with the due diligence standard under articles 2 & 3, member states are obliged to criminalize certain acts of violence and take preventive measures to impede further violence from taking place. Additionally, they must investigate complaints of violence, as well as prosecute and punish perpetrators. Failing in meeting these obligations with the required degree of diligence may result in a violation of articles 2 and 3. Finally, failure of the state to act with due diligence towards the situation of an applicant and addressing and responding to VAW, may be regarded as violation of article 14. It seems that while taking into account the religious and cultural specialties and necessities, the achievements of the European Court can be utilized by Iranian authorities and courts. The present article, through a descriptive-analytic method, aims at studying the issue of VAW in the mirror of the case law of ECHR and, if necessary, refers to the approach of Iranian legal system in this regard.

Keywords: VAW, EConHR, ECHR, Discrimination against Women, Due Diligence

Abstract View Paper Research/Original Article Original: Persian

علمی مصوب

نشریه فقه و حقوق خانواده

Family Law and Jurisprudence

دوفصلنامه علوم انسانی

آخرین شماره | آرشیو

ISSN: 2538-5291 eISSN: 2538-5283

تا شماره 48 با نام «ندای صادق» منتشر شده است.

صاحب امتیاز:

دانشگاه امام صادق

مدیر مسئول:

دکتر صدیقه مهدوی کنی

سردبیر:

دکتر عباس کریمی

تلفن نشریه: ۰۲۱-۲۲۱۳۱۸۶۶

اطلاعات بیشتر نشریه

درباره نشریه پیام به نشریه سایت اختصاصی نشریه پذیرش الکترونیکی مقاله راهنمای نویسندگان

به جمع مشترکان مگیران بپیوندید!

فهرست مطالب

نشریه فقه و حقوق خانواده پیاپی 72 (بهار و تابستان 1399)

نشریه فقه و حقوق خانواده

Family Law and Jurisprudence

نشریه فقه و حقوق خانواده
پیاپی 72 (بهار و تابستان 1399)