نشریه مطالعات فقهی و حقوقی زن و خانواده
پیاپی 5 (بهار و تابستان 1399)

Child marriage has long been one of the most controversial topics in various sciences, including jurisprudence and law, and this phenomenon has been encountered differently in accordance with customs and traditions in different societies and time periods, Regardless of the subject matter, whether it is permissible or not, whether it is criminalized or not, child marriage means the marriage of minor children. This phenomenon can cause moral damage to the child. The origins of this damage may be from the guardian or the spouse. This research has been done by a descriptive-analytical method through studying jurisprudential and legal texts with the aim of identifying the origins of moral damage caused by child marriage. The findings of the study indicate that "non-observance of the child's interests by the guardian", "general enjoyment of the child", "special enjoyment of the child and deprivation of virginity by the spouse" and sometimes "the principle of child marriage" are the most important origins of moral damage caused by child marriage. During the research, these origins and how they cause damage has been studied from a jurisprudential and legal perspective.

This article is the result of a qualitative research and in-depth interview technique that explains the heartache and words of the wives of the glorious disabled veterans of the Islamic Revolution, the wives who are struggling with social and legal hardships and still patiently endure great difficulties. The statistical sample includes 117 spouses of disabled veterans living in Valfajr Town, located in the 15th district of Tehran that the interviews with 15 of them led to theoretical saturation. The results show that very few laws on the rights of disabled veterans' wives have been enacted within the general framework of rules and regulations concerning the affairs of veterans, and many of these legislative texts and legal components in terms of quality and executive guarantee have not had positive effects on the realization of the rights of disabled veterans' wives. In other words, the rights related to the spouses of veterans are not commensurate with the special circumstances of this group. Also, other problem and inadequacy is ignoring the rights of disabled veterans' spouses in the social sphere, personal status, and even marital relationship.

Divorce in absentia by court order is one of the ways of separation between the spouses that the ruler of Sharia performs at the request of the wife, in such a way that the wife with the aim of fulfilling her rights and removing bewilderment, by referring to the judge, demands the issuance of the divorce decree. This is a long-standing issue and has always been the subject of discussion among the jurists of the five denominations. Therefore, the main question of the present article is: Is "justice" conditional on the testimony of witnesses to such a divorce? What are the effects and characteristics of such testimony? Obviously, one of the methods of securing the wife's rights in such matters is the action of the ruler of Sharia to bring the wife to her religious and legal rights. Accordingly, the present paper has analyzed the issue using the descriptive-analytical method and relying on authentic religious sources. The conclusion is that the necessity of the condition of "justice" for the male witnesses and its legal effect in the realization of this type of divorce indicates that for proving the justice of an individual, recognizing his justice by good appearance and customary reputation is sufficient and its religious and legal responsibility is upon the discerner. And if the justice is not recognized, the divorce will be void, but the verdict will remain valid.

As an Iranian-Islamic doctrine, hijab is considered to be an example of public chastity. After the Islamic Revolution, efforts have been made to promote and spread the general culture of hijab through cultural and religious methods. The passage of the Law on the Spread of the Culture of Chastity and Hijab in 2005 by the Supreme Council of the Cultural Revolution is one of the most complete laws defining duties for ministries, government agencies and public institutions, including the police. In order to carry out its duties and powers, the police force has implemented the "Observer One Plan". In this plan, people without hijab are confronted, and their cars are confiscated. The present article, using a descriptive-analytical method, explores the theoretical and practical difficulties of implementing this plan from the jurisprudential and legal perspective and examines the foundations of its legal legitimacy. Finally, it offers some cultural and legal solutions.

In the Law on Amending the Regulations Related to Divorce, passed in 1992, the legal institution of nehlah was considered to protect women who are divorced by oppression, according to which some women are entitled to receive a gift from their husbands at the time of divorce in accordance with the provisions of the law. Prior to the enactment of this law, this type of gift had no place in the Iranian legal system, although the teachings of Islam strongly emphasized that men should give some kind of gift to their divorced wives. In this study, the authors, employing a descriptive-analytical method and using religious sources, seek to answer the important question: Is it obligatory to pay nehlah in Islamic jurisprudence, as it is obligatory to be paid to some divorced women in the Iranian legal system? And does it belong to the same group of women? In the present study, by mentioning the differences and similarities between the institution of nehlah in Imami jurisprudence and the legal system of the Islamic Republic of Iran, it is concluded that there are many differences in nehlah in law and jurisprudence.

One of the spiritual rights of children is the right to an open and free future, which scientists have put forward in various expressions. This paper aims to examine the various dimensions of the right and to justify it in theories of law. It, therefore, seeks to answer the question "What is the concept and basis of justifying the right to an open future and what are the criticisms of it? Everything that is expressed as the right to an open future or other titles seems to refer to the same right to individual freedom and independence that has been taken as a right within the framework of determinism which is basically a corrupt idea that cannot be the correct basis for creating and enforcing the right. Hence, with this theory, the enforcement and implementation of the right cannot be guaranteed. Moreover, this right in the Islamic view has no rational and defensible basis, because Islam basically prevents the conflict between the rights of children and parents as much as possible by enacting the correct laws, and finally, in case of conflict, it offers solutions to resolve it. In addition, this right is based on a set of probabilities that are not provable.