نشریه مطالعات فقهی و حقوقی زن و خانواده
پیاپی 6 (پاییز و زمستان 1399)

The present article deals with the theoretical structure of the "principle of equality" in secular human rights thought from the perspective of the philosophy of law, and examines the concept of equality of all human beings as well as gender equality, and explores the principles, assumptions and arguments of the principle of equality in the works of modern and contemporary thinkers. Determining a clear conceptual framework and evaluating the argumentative underpinning of the principle of equality are the objectives of this research, which has been done by reference method. Findings show: Firstly, in human rights texts, the word "equality" is used in a general and abstract way without conceptual clarity, which has caused ambiguity in the legislative stage; Secondly, it is not based on argumentative and empirical reasoning, and its argumentative aspect is flawed. Therefore, the modern and contemporary thinkers, under the influence of the ruling ideal discourse, have accepted the principle of equality an accepted basis. The present study also confirms that in the theoretical structure of materialist secularism, due to the objective differences between individuals, there is a discrepancy between the views of human rights and the epistemology of this approach. The principle of equality of all human beings, including men and women, is not provable as well with denial the common human element; the abstract truth confirmed in the revelatory teachings

The harm caused by the presence of women in the socio-political spheres is a concern of many religious people. Some of them believe that women's adherence to the rules of religion is violated due to their presence in society, and such presence breaks the limits of Sharia. In addition, they accuse those in charge of religious affairs of negligence in the teachings of religion, and deem it necessary to impose restrictions on the movement of women in today's norm-breaking circumstances. However, whether the behavioral jurisprudence of women really considers the principle of "participation" or "restriction" is a question that the author has answered using the jurisprudential sources of Islamic denominations. All Islamic denominations agree that women, like men, are a large part of human society, and enjoy dignity, honor, individual and social rights, and are accountable to God and religion. But depending on how religious statements are interpreted in some areas, points of view differ in this regard. Therefore, according to the Imamis and a group of Sunnis, the ruling principle is the permission of women to participate in society in accordance with the Sharia, but from the viewpoint of another group of Sunnis, the ruling principle is restriction except when necessary.

This paper compares the wife's financial rights in Iranian family law with French law and concludes that according to the existing laws and changes that have taken place and the variety of lifestyles, nowadays the wife's financial rights in the family such as ojrat al-methl (equivalent remuneration) and alimony as well as dower do not create a fair economic relationship between couples. Therefore, although the enactment of such laws in the fourteen centuries ago was an effective and great step to realize the financial rights of the wife, in the customary and cultural conditions of today's society, the implementation of these laws is such that they cannot solve the financial problems of the wife. Also in the real world, their implementation is guaranteed only by the fairness and justice of the husband. Given the strategies in France and some other countries turning to the conclusion of prenuptial agreements, this comparative study, following French law, seeks to propose that instead of including pre-determined conditions in the contract marriage (which is not required for the husband to accept) the couple arrange the prenuptial contract on financial rights, custody of children and the like under the supervision of a lawyer. It is hoped that this solution, by creating transparency resulting from a specific contract, can reduce family disputes, facilitate the resolution of family problems, and protect the wife's financial rights

The only permissible way to satisfy the sexual desire of men and women in Islam is to get married and start a family. In order to achieve the goal of marriage, a right and obligation has been set for the couple, including Tamkin (wife's submission), which is the focus of differences in legal systems. Imami jurisprudence and Afghan law defend Tamkin as a legal and legitimate proposition in marital relations. But the customary legal system refers to it as a source of sexual abuse of couples and sexual oppression against women. The different perceptions of these systems have made the relationship between the intended meanings of "couple sexual abuse" Aam wa Khas Men Wajh (more general and more specific from a perspective). The subject of this paper is to explain and analyze this concept by looking at the principles and sources of target legal systems. The research is done based on library sources using descriptive-analytical method. As a result, according to other evidences and documents, the necessity of modification in the theory of desire in customary law and the theory of obedience in religious law was proved in order to systematically reduce the jurisprudential problems of women and achieve mutual interaction between target legal systems.

The dower is the wife's right over her husband which can be waived by her. The question is: in case of waiving the right, is there any way to refer to it? Using descriptive, analytical and critical method and library sources, this research, within the framework of jurisprudential and legal principles and rules, has reached the conclusion that the wife's reference to the dower is not correct after waiving it in some forms of relinquishment such as acquitting the loan dower, giving the concrete dower that has been taken as a gift or alms, pardoning, making peace and abandoning. Also, it is not valid in some occasions of relinquishment such as waiving the determined dower before sexual intercourse whether after marriage or after divorce, abrogating the conventional dower before intercourse by the authorized wife and abandoning the temporary marriage's dower before divorce by the authorized wife. In contrast, in some forms of relinquishment (such as acquitting the concrete dower and giving the concrete dower that has not been taken as a gift or alms) as well as in some occasions of relinquishment (such as waiving the determined dower before marriage, abrogating the conventional after intercourse by the authorized wife and abandoning the temporary marriage's dower after divorce by the authorized wife) the wife's reference to the dower is correct.

Delinquency means acts contrary to order and is an important factor in injuring the social conscience and is dangerous for individuals in society. It is especially important if women, who are one of the most important constituents of society, do such things. Classical criminology with a combination of the usefulness of punishment and justice based on considering the biological, sociological and psychological approach to crime is one of the important characteristics of detection and criminology in the field of women. The disintegration of the family and its instability in terms of religion and function, the means of mass communication and the way the family functions and their relationship with each other are among the most important factors of women delinquency that are considered in classical criminology and are sometimes effective in issuing jurisprudential rulings and criminal law based on it. Therefore, the main question is: In what areas has the crime of women been established from the perspective of classical criminology and to what extent is it related to the principles and teachings presented in Imami jurisprudence? In the present study done by descriptive-analytical method, we have concluded that the most important components of Islamic criminal policy in preventing female delinquency are reflecting on the maternal role of women and mapping functions and methods to prevent delinquency. Also, the turning point of the discussions related to women's delinquency in the concepts of pre-jurisprudence and classical criminology is the reflection on all dimensions of the crime or offense, which can be used with imaginary and affirmative presuppositions of pre-jurisprudential concepts to prevent other delinquencies in the field of women.