نشریه مطالعات جنسیت و خانواده
سال چهارم شماره 1 (پیاپی 6، بهار و تابستان 1395)

Nowadays, the governments in every sovereignty domain are seriously concerned about the supporting of family and the issues related to it and they consider the exertion of power in some aspects of it to be their own authority domain. The question is whether the Islamic government can do policy making and limit the will of people based on the expediency of person, family and community from his domain of authority with the aim of implementation and in line with the present decrees. Whatever has been stated in the jurisprudential texts are the responsibilities and authorities defined for the government in the domain of settling the hostility in case it happens; however, are the other issues assigned to people based on their will and want or their conformity or the legislator has not assigned any obligatory decree in favor of people or else that obligatory decree is in the authority domain of government, the issues like the age of marriage, consideration of hygiene, registration of marriage, divorce, birth of child, amount of dower and maintenance, giving birth and its number, custody, polygamy, naming as well as profession of children. Allameh Tabatabaee in opposition to the kind of jurisprudents and interpreters has emphasized on the right of governor or Islamic government concerning the meddling in the domain of people’s authorities including family affairs. Moreover, the theory of ‘Mantaqat ol- Faraq’ by Ayatollah Sadr has been the continuance and in line with this very approach and apparently it has been originated out of it, although the view of Imam Khomeini is exceeding compared with those of the two thinkers. Nevertheless, Allameh Tabatabaee’s view is considered as a useful matter and a key point towards the management of community and in regard with the family issues. This article is an analytical report of his view and its comparison with those of Ayatollah Sadr and Imam Khomeini.

“Women” are the One of the groups that particularly in recent decades in wide range have been the target population in social policy making. This is due to fundamental differences between men and women is an important natural features and risks involved in the birth and care of children in the family. The theoretical approaches in social policy making in motherhood, have been means in the gender sensitive approach. Because this theorise accpect the women′s physical characteristics and emphasis on social policy services in this situation. In This article, to understand Iran′s macro approach of social policy regarding motherhood and answer these questions that “Is the center of Iran's general policies on the role of mothers, family or gender?” and “Which one of the development approaches are conforming on General Policies of Iran?”, have been studied the whole of Iran′s general policies – in women's role as mothers, families and population and coded the finding with thematic analysis technique. Based on the findings, this article result the centrality of “Familly” in social policy regarding motherhood and conformig the approach of “Women In Development” on General Policies of Iran.

One of the financial rights of woman before her husband is dower and its determination is not necessary in time of permanent marriage contract, it can also be delayed after the marriage contract. In that case it is considered as delegation of dower and that woman is called delegators of dower. Those who determine the dower can be the woman, her husband, third party or parties as the arbitrator. One the assumptions of delegation of dower is when one of the woman or her husband is arbitrator but s(he) is passed away before the marriage contract and determining dower. The question is what the right of woman is before her husband. In this regard, the jurisprudents have considered three theories of negation of the necessity of dower, the necessity of suitable dower, the necessity of temporary marriage dower in favor of woman and they have relied on the traditional and rational reasons. The civil law in 1087 and 1088 articles has stated the decree of mofavezat ol- bez’(marriage without stating dower) in case one of the spouses is passed away before determining the dower and sexual relationship while there is nothing in relation with delegators of dower. Although the well-known theory of jurisprudents is temporary marriage dower and it is of firm reasons on one hand and the legislator is in the position of stating the assumptions of delegation on the other hand but he has not stated the decree of this assumption and it is regarded as a kind of defect for the law. Accordingly, it should be considered an article in stating the decree of this assumption consistent with the well-known theory to compensate this defect and to state the rights of women in this regard. This research is to present the stated theories, criticize and investigate their reasons and finally, the choosing of rigid viewpoint in line with the jurisprudence being more appropriate and consistent with the present requirements of time and it can lead to better provision of the women’s rights.

The body beyond its biologic dimension is considered as a cultural element with various meanings in view of social agents who manage the body based on the kind of interpretation out of it. The present article is to identify the reasons of the importance of managing the body in women relying on a qualitative approach based on an interpretive paradigm. The data has been collected via interviewing with 22 women referring to the beauty centers in Bandar Abbas city. The analysis of the data reveals that the reasons of the importance of managing the women’s body as contributors in the study can be illustrated based on the final theme of ‘concreteness of status’. The last theme is the result of the abstractness of general themes such as delaying of aging, achieving gaiety and peace, priority of appearance, discrimination seeking, social acceptance, and aestheticism of woman. It seems that managing the body for being viewed in public is the most accessible way of achieving status for the participant women. In this regard, following the concreteness of the signs of developing status, the change in the appearance gets along with the change in the status of women.

The subject of this article is Allameh Tabatabaee’s theory related to the authorities of Islamic governor in the legislation of variable decrees in regard with women. Through the analytical method, the present writing is to clarify and criticize Allameh Tabatabaee’s theory in solving the challenges before the decrees of religion consistent with some women’s decrees in the present century. The religion of Islam is of invariable decrees that some of them are misused in the community according to the conditions of time. Allameh Tabatabaee has stated the atmosphere of misusing some of the decrees related to women and family in the present century and consequently the meanness towards the women by them, and he has considered the solution of preventing this meanness and abuse to be the governmental decrees of legitimate governor. In this article, it has been firstly investigated Allameh Tabatabaee’s theory in the mentioned domain as well as its clarification and development in the other domains . Since his theory is convergent to Shahid Sadr’s “Mantaqat ol- Faraq theory”, they have been compared with each other. Afterward, it has been presented Mokhtar’s theory and finally the outcomes of these theories towards their appropriate application.

Is it possible to infer the reverence of authority and social management of women referring to guardianship of men? Initially, proving the reverence of managements of women depends on the scope of guardianship to be generally authentic and comparative. Secondly, the guardianship should indicate domination or authority. Thirdly, the social management should be authority based. None of these hypotheses is invariable considering the two mentioned reasons or wisdom in the holy verse of Bema fazzalallah and Bema Anfaqu , Qavamun is interpreted in the domain of family, while it is of two meanings of care and authority and it is not possible to be inferred for proving authority and assuming the determination in the meaning of authority, the comparison of family with community and the transmission of guardianship decree to the community is causeless since the criterion of men’s guardianship in family is not obvious. On the other hand, the authoritativeness of managing the Islamic republic system is not definite; however, the negation of administrative authority is preferred. Accordingly, the holy verse is not of potential towards the inferring the reverence of managing women. The viewpoints are mentioned by Allameh Tabatabaee and the research method is library based on the basis of the analysis of instructions.