پژوهش نامه اسلامی زنان و خانواده
سال هشتم شماره 20 (پاییز 1399)

Gender is one of the main subjects of individualization of punishment and the femininity of the accused is one of the issues of differential-compassionate criminal policy. According to the Article 142 of the charter of women's rights and responsibilities in the Islamic Republic of Iran, women have the right to have a legal rebate in terms of the amount of punishment or exemption from it and/or the way of execution in case of regret and proof of guilty women's repentance during pregnancy, lactation, and illness. This descriptive-analytical study tried to examine the validity and scope of this article of the charter and draw judges' attention to show leniency toward guilty women. In the present study, the issue of whether this article is compulsory for courts in Iranian legal system or not, and to what extent judges welcome this legal article in Iranian judicial system was examined. Based on the results, although the Supreme Council of the Cultural Revolution is not a reference of legislating, given that this council makes general policies in the domain of culture, if its acts step toward strengthening the foundation of family, they will have a kind of customary obligation and a guidance aspect for courts. When the act of this council, like the Article 142 of the charter, is in line with the protection of women, in line with compassionate criminal policy, and in line with the strategy of avoiding imprisonment, the degree of its compulsion is greater and stronger.

The internal family boundaries is among the most important issues which concerns the interactions between family members and was presented in the constructivist approach for the first time. The present study aimed to explain the internal family boundaries according to the Holy Quran; thus, 83 verses and 70 interpretive narratives about internal family boundaries were analyzed with the help of a religious Ijtihad method. The results showed the five important findings that are as follows: first, the internal family boundaries are clearly explained in the verses of the Holy Quran, this pattern covers the suggestive frame of the constructivist approach, and its sub-systems and boundaries qualitatively and quantitatively have a more comprehensiveness. Second, all rules of inter-personal morality and legal limits (obligatory, forbidden, recommended, and disliked), which concern the internal interactions between family members and triple sub-systems, are named as the internal flexible and inflexible boundaries. Third, special marital commitment, the limits of couples' sexual interactions, the limits of couples' two-way expectations, private mental-physical area, marital secrecy, and flexibility about each other are among the most significant boundaries of marital sub-system. Fourth, the boundaries of parental sub-system are as follows: being banned children from entering parents' mental-physical area, being separate children's bed from parents', children's and parent's avoidance of looking at each other's private organs, being banned parents from not responding to children, and being banned children and parents from bothering each other. Fifth, in addition to men's and women's moral and sexual boundaries, the following are among the most important boundaries of brothers' and sisters' sub-system: adherence to physical limits such as being separate children's bed and getting permission for entering another's privacy, keeping mental privacy, and being banned from spying on each other's work.

This correlational research aimed to determine the multiple relationship of Islamic work ethics and organizational citizenship behavior with female faculty members' and staff's efficiency in the University of Qom. The population contained all female faculty members and staff of the University of Qom that all of them were selected by the census. The data were gathered using the questionnaires of Islamic work ethics, organizational citizenship behavior, and efficiency, and they were analyzed by the Pearson correlation coefficient, multivariate regression, and path analysis. The results indicated that the dimensions of Islamic work ethics and organizational citizenship behavior have a significant relationship with efficiency. According to the results of regression, Islamic work ethics and organizational citizenship behavior explain the efficiency of the university. Moreover, based on the path analysis, Islamic work ethics directly and indirectly affects efficiency, and organizational citizenship behavior directly has an effect on efficiency. Therefore, the universities can improve the female staff's efficiency through having correct plans of Islamic work ethics and organizational citizenship behavior.

This descriptive-correlational study was conducted with the purpose of investigating family function based on the relationship among married students' attachment styles, religious commitment, and marital compatibility. The population included all married students of Farhangian University in Kermanshah in 2018 and 200 students were selected by the purposive sampling for this study. The data were collected by the questionnaires of couple compatibility, adult attachment, religious commitment, and family function, and they were analyzed by the Pearson correlation coefficient and regression analysis. The results demonstrated that secure attachment, religious commitment, and marital compatibility have significant and positive relationships with family function, and avoidant/ambivalent insecure attachment has a significant and negative relationship with family function. Therefore, secure attachment style, marital compatibility, and religious commitment, respectively, predict family function.

Knowing the factors and predictors of family stability, especially marital stability, is a necessity that can make families sustainable. This study was conducted to identify the factors of marital stability in an Islamic-Iranian society with a meta-synthesis approach. For gathering the data, all published research sources during the years of 2010-2019 were reviewed. 1160 articles, 581 theses and dissertations, and 3 books were analyzed from 7155 articles, 1442 theses and dissertations, and 11 books. In the first step of data analysis, 678 codes were identified. In the second step, 37 concepts were identified, and in the final step, 7 categories were identified. According to the results, these 7 main categories of marital stability in an Islamic-Iranian society are as follows: individual matches, individual-related characteristics, gender-related individual characteristics, main family characteristics, the characteristics of friends and relatives, the common characteristics of marital relationship, and gender-related communicative characteristics.

In Islamic law, one of the practical issues is the issue of the conflict of origin and appearance. Based on the principle of al-bayenah ala al-modaei va al-yamin ala man ankar, the plaintiff is responsible for presenting the evidence. During the trial, some hypotheses may be proposed that the origin expresses a matter and the appearance expresses an opposite matter. This descriptive-analytical research was conducted with the aim of investigating the reflection of the conflict of origin and appearance in family jurisprudence and law, and responding to this question of which one the judge should choose when he/she faces these cases. The results indicated that in spite of wide range of examples of this issue in jurisprudential and legal matters, the sensitivity of this issue in family is more than other jurisprudential chapters, because the nature of relationships between family members is special and that's why the legislator should pay attention to the special position of family in society, so that the judge should also consider family interests and its members in his/her decisions. Furthermore, in the jurisprudential and legal texts of the country, there is no specific judicial criterion and procedure for preferring the appearance to the origin or vice versa. It seems that putting a single and unchangeable rule, based on the priority of the origin or the appearance, as a criterion cannot be a fair solution for claims. Therefore, to achieve a judicial justice, the jurist or the judge, in the position of inferring a legal rule or resolving hostilities, should be convinced and should consider any claim in accordance with the conditions surrounding the disputed issue and the circumstances of the parties.

The approach of the Islamic Republic of Iran's constitution and general policies to establishing a family legal system emerges from the religion of Islam, is in accordance with society's conditions, and is based on improving and strengthening the foundation of family. This descriptive-analytical research aimed to analyze the current criminal policy in family criminal affairs with an emphasis on the structure of criminal justice system, which is in conformity with these values, realities, and conditions. The results showed that there is a big meaningful gap between the current situations of the structure of our country's criminal justice institutions in the realm of family and Sharia, our country's constitution, general policies, and managerial-criminological approaches, because of, on the one hand, formulating punitive and security-centered strategies, and the other hand, determining multiple authorities to handle the family claims and disputes, and the increasing growth of these structures. In practice, not only do these separate structures not have the necessary efficiency for achieving the specific and differential goals predicted in those policies, but also those provide the requirements of the collapse of family by the inverse efficiency. Therefore, regarding the specific conditions, requirements, and goals, it is necessary to design and formulate a differential criminal policy for the realm of family. In this differential criminal policy, this research suggests deleting the current separate structures, along with prioritizing the formation, improvement, and strength of family, and the current family court in our country's judicial system, with a unique centralized position, applies this differential criminal policy in a comprehensive manner to all different family issues and dimensions.

There are different issues and opinions about the position of women in Islamic sources, including mystical texts. The present study deduced Hakim Sabzevari's mystical views about women with an exploratory-inferential method and it was conducted with the purpose of comparatively investigating Hakim Sabzevari's and Imam Khomeini's mystical views about the position of women with a descriptive-analytical method. Reviewing the previous researches concluded that there is no research on Hakim Sabzevari's and Imam Khomeini's views about the position of women and comparing them. For explaining these two thinkers' views about the position of women, this study tried to explore and compare their Quranic and narrative views; thus, Asrar al-Hekam, Nabras al-Hoda, Hakim Sabzevari's comments on Asfar, and Imam Khomeini's Sahifah were analyzed. The results demonstrated that Hakim Sabzevari's mystical view of women is limited and negative, individually and socially, and is in accordance with the accepted tradition of his era, and in some cases, his opinions are contrary to his works, while Imam Khomeini's view, due to the individual and social conditions of the society of his time, is a beautiful and compassionate view of women, and considers them to have the perfection and social conditions of men.