نشریه مطالعات جنسیت و خانواده
سال پنجم شماره 2 (پیاپی 9، پاییز و زمستان 1396)

There is discrepancy related to the validity of interpretative narrations. Some believe in the validity of them and many Islamic thinkers do not. In the present article, the reasons on the validity of tradition with single narrator in terms of its inclusion bar the interpretive narrations have been investigated. The result of study indicates no inclusion on the reasons of validity in favor of the tradition with a single narrator, including verbal or nonverbal, to the interpretive narrations and confirming Allameh Tabatabaee’s viewpoints. In Allameh’ view; the interpretive narrations are considered valid when they are successive or included in presumption so that they lead to the approval of personal integrity. In regard with the gender related narrations, it seems that Allameh has disregarded the statement of some narrations with text centeredness approach. The reflection on some of these traditions clearly indicates that their disagreement with theologian and anthropological foundations, the externals and general spirit of Quran, narrative admissions and like that. However, regarding the reason of trusting in some other interpretive traditions, it has been specified some cases such as successiveness, content conformity or disconformity with the other narrations.

During the recent decades, the issue of hijab has been constantly one of the controversial issues in Islamic circles. Meanwhile, the trends of new thinking have been of different views compared with the previous thinkers and they presented new theories towards the quiddity and limits of hijab. The salient sample of these new thinking trends is the trend famous for Islamic feminism. The thinkers related to this trend are in disagreement with the amount of present hijab and they are of different interpretations about the quiddity of hijab. In the present article, it has been investigated via the descriptive-analytical method, the views of Asma Barlas, one of the outstanding new thinkers of Islamic feminism about hijab by referring to his works as well as the Islamic reliable sources. Barlas believes that the false views related to hijab are due to the false understanding of verses of Holy Quran. He ignores the universality of Jilbab verse and relates it to the age of revelation. Through the special interpretation of the 31st verse of Noor Chapter, he deems this hijab to be obligatory together with some conditions. After studying Barlas’ theories and emphasizing on the true viewpoints of the author, it is pointed to the violation of two- movement theory and the consideration of Jilbab decree as a historic issue with weak reasons, the false interpretation of Jilbab verse in underestimation of humane position of servants, the least and false meaning of Jilbab and Khimar as well as the amount of covering chest and neck.

Asma Barlas, the author of the book, women believing in Islam, cancelling of patriotic interpretations from Islam (2003 A.C) is one of the main characters who has reflected on Islam and gender issue with the emphasis on presenting different interpretations from these issues in Holy Quran. To do this interpretation, he obliges herself towards the interpretation of methodology of traditional interpretation and processing different interpretive criteria. This author has nominated what has been processed as a methodology framework towards reading Quran and he claims that its elements and criteria have been extracted from Quran. She has defined his Qur’anic hermeneutic as a critical interpretation and against the traditional interpretation with conservative view and introduces the traditional interpretation implicitly or explicitly without Qur’anic critical properties. This writing is to compare Barlas’ Qur’anic hermeneutic and the interpretive theory of Allameh Tabatabaee who is the main characters of interpretation of Quran from Quran. Allameh is of the numerable characters who thoroughly regarded the interpretation of Quran from Quran. He believes in the sufficiency of Quran in relation to the interpretation and considers this interpretative method and theory to be the result of rational and firm general structure of Quran. Moreover, he trusts in the verses of Quran with complete coherence and no contradiction. He also believes that the accurate understanding of Quran is in need of comprehensive and holistic approach. In spite of commonality in the elements of interpretive theories of both thinkers, the presence of different presumptions leads them towards different interpretations related to issue of gender in Holy Quran.

Regarding the significance of family and its position in the countries’ tax and financial rights systems, this article is to investigate the position of family in the policy making of Iran in relation to the tax as well as the recognition of strong and weak points of executed regulations as well as clarifying the main policies in this domain along with a review on the rules of the other countries. The emphasis on the development of family centered community and the centrality of family in rules and regulations, the plans of executive policies in the general policies of the system in relation to family increases the importance of the issue. Based on the findings, it is suggested that an independent legal personality be granted to family as the basis of allocating of tax and the tax system shifts from the individualist tax basis to the family oriented one and the development and stabilization of the family is provided with determining and allocating of credits in various domains. The increasing of tax exemptions and granting the tax incentives to the families with siblings can be regarded a fundamental action in this regard.  Determining taxes or increasing the tax exemption maximum amount for the people in charge of family as well as considering responsibilities towards their families are in need of the other managements.

Allameh Tabatabaee presented his theory related to contingent perceptions in Risalah dar i’tibarat (Treatise of Contingents) in the beginning of 20s. Contingent Perceptions are those which are not in agreement with factual Perceptions but they are based on a fact. Allameh Tabatabaee considers these Perceptions related to social thoughts of human and believes that human’s social thoughts are not realized without Contingents. Due to the natural need and fulfilling that, human being creates Perceptions derived from the free will. After that, Allameh presents kinds of Contingents and believes that some of them are regarded as pre social and stabilized and some others are post social and variable. He sets the issue of marriage in the range of post social Contingents. However, the study of works of Allameh Tabatabaee particularly al- Mizan indicates that marriage is a natural issue. In view of Allameh, there are three approaches in regard with marital adaptation. The first approach considers the interpreter Allameh as believing in marriage as a natural issue and different from the philosopher Allameh and considers the philosophical and interpretive theories to be different from each other. The second approach deems Allameh to be committed to realism and belongs Allameh to the world of tradition and not out of intellectual-recognitive framework of traditional world in spite of observing innovations in Allameh’s philosophical system and according to the third approach, Allameh believes in the theory of contingent Perceptions but the religious decrees are of the most agreement with the nature of human. Accordingly, the religion has presented the best Contingents. In this article, it has been explained that the third approach is acceptable.

In marriage contract, the husband is obliged to give some money as dowry to the woman or take it as a financial commitment. There are two contradictory views related to the permission of third party commitment towards paying the dowry. These two views are based on the difference in the quiddity of marriage contract, whether it is commutative or not. If the marriage contract is of reciprocal kind, the consideration should get out of some one’s property to provide the entrance of a thing given in return to a consideration. The other view does not consider the marriage contract as commutative and accordingly, paying the money by the third party is regarded as a true matter. There is no legal reason that the dowry should be the property of the husband. So, the third party can give his property as dowry or he is committed to pay it. The aforementioned condition in form of elementary condition and the affirmative condition of the third party is manifested in time of marriage contract or it can be included in form of result condition to the benefit of the third party. Moreover, it is possible that the third party is committed to pay the dowry in the format of guarantee contract or assignment contract. Altering of commitment by the alteration of committed person is the other formats in which the commitment of the third party is not included in contract.  In this article, it has been endeavored to analyze these issues in terms of the rights of commitments as well as the forms of commitment of paying the dowry by the third party as well as the statement of legal nature of this commitment.