فصلنامه پژوهش نامه زنان
سال دوازدهم شماره 3 (پیاپی 37، پاییز 1400)

Political involvement of women in high rank administrative positions such as presidency and other influential positions has led to movements such as feminism which aims at establishing women’s rights in all aspects of social life including political as well economical and defending equal opportunities for women.In this study we discuss the necessity of involvement of women in political occupations and argue that such involvement is not in contradiction with the principles of Islam and the rules of Sharia. There have been three different points of views in this respect; one that believes that women governance is not permitted under the Islamic law, the other that believes it is logically paradoxical and the third one that rejects sexual discrimination. Women political situations in Islamic Republic of Iran are shaped by the first and second point of views.

saint Mary is the only female Qur'anic figure whose name is explicitly mentioned in the Qur'an. The Qur'an refers to Mary's spiritual authorities and mentions the unique characteristics for him, characteristics that are worthy of a prophet. This raises the question, "Is Mary a divine prophet?" It has been considered by Quranic commentators on the one hand, and Muslim women researchers on the other hand. Most commentators have refuted the possibility of women's prophecy by quoting verses from the Qur'an and have therefore opposed the prophecy of Mary. In the meantime, the distinction between different definitions of prophecy and sometimes its confusion has been overlooked by the concept of mission. The present article aims to explore the concept of prophecy in the image of the Qur'an and and the Islamic tradition to show that gender has no role in the matter of prophethood. and to review the opinions of commentators in this regard by examining Mary's position in the Qur'an and provide provides sufficient support for a positive answer to the question of "Is Mary a divine Prophet? And to achieve this, it uses a descriptive-analytical method.

In this article, in a historical method, with the help of John Rawls' theories on the subject of justice, we have tried to understand the definition of gender justice and the existing categories of these definitions among the thinkers of the constitutional era. More than 30 of these thinkers were studied, through all the documents left by them; In the four groups of traditional legislators, legislators with an adaptive look, religious democrats, and secular progressives. In line with this classification, a range of their views were presented: from the most traditional view of gender justice to its most modern form. All members of this range have always been present in the scene of social conflict; And in each period, a part of this range has been highlighted depending on the circumstances, and has been able to gain more power and theoretical dominance.

In the history of Christianity, women have been an essential element in the development of churches and, just like figures in the Old Testament such as Deborah and Esther, in the New Testament, women have played a significant role in the spread of Christianity, and scholars have spoken of the sensitive role of capable and courageous women, but history, as always, has failed to represent their role. The Question here is how the Protestant reformers looked at on the issue of women and family. The fact is, however, that religious reformers have made many changes in the Christian intellectual system, and although some of their ideas on the interpretation of the Bible, as well as the priesthood of all believers and the spiritual freedom of believers are direct and indirect. It changed the issue of women and family, but they lacked projects in this area like other fields such as attitudes toward other religions and religious tolerance and human freedoms, and all their intellectual changes were within the traditional paradigm of the Middle Ages, not as expected. And so in matters such as full human equality, inferiority and dependence, and obedience to man, a long way remains.

After the Bonn Summit in Germany in 2001, followed by the adoption of the new Constitution of Afghanistan in 2003 and the Electoral Law in 2004, affirmative action strategy with a clear and systematic mechanism to improve the status of women in socio-political participation entered the Afghan legal literature. With the passage of time prosperous life of women in Afghanistan required that in this qualitative study the above strategy be represented and narrated from the perspective of the lived experience of women representatives. In this regard, data collection and coding was done in interview with 15 female representatives in person. According to the findings, facilitating competition with men, creating opportunities, productivity of gender diversity, and flexibility in laws indicate the need for women this strategy. The results also showed developing the ability and capability of women. Because the emergence of ability, the acquisition of skills and experience, complement meritocracy, are among the categories that were extracted from the experience of female representatives. What matters is how this strategy is implementation; based on the findings, unequal access, blame, feelings of inferiority, patriarchy, abuse and lack of peace in the interviewees' experience indicated affirmative action challenges to this strategy.

Due to the prevalence of cosmetic surgery, as an operation and action that is performed only to enhance the beauty of the shape of the organs with the natural structure of the body, this action related to the dissolution of the marriage contract. Sometimes cosmetic surgery has done and the wife notices her husband's cosmetic surgery , so she cannot tolerate the new appearance of her husband after the operation, or not performing cosmetic surgery has stipulated as a condition in marriage contract. This article using library method seeks to answer this basic question that in these assumptions, is there any way to dissolve the marriage due to the hatred caused by the appearance of the husband? Or does wife have the right to terminate the marriage, due to violating the condition of quality or performance (not performing) by husband within the contract? Using the legal jurisprudential capacity of the rule of conditions and documenting the theory of unilateral divorce, the author has arranged his argument for the authority of divorce for the wife in the above cases, so it is not in contrary to the law, but also it is applicable to Articles 1146 and 1128 of civil code.

Since approving the Criminal Procedure Act in 1392(2013), it was possible to consider mediating as a private and informal approach for resolving criminal conflicts. However, there are several unanswered questions here such as:”What is the impact of mediation on victims and restorative justice?” or “what are the main differences between modern mediation approaches and traditional ones according to restorative justice?” on which this survey focused. This survey is an effort to investigate and analyze the current regulations and procedures by descriptive analyzes and find persuasive answers for these questions. Conflict resolving procedures include those procedures by which the criminal conflicts can be settled out of court and without formal interference. Studies show that even before approving the Criminal Procedure Act in 1392 there were some traditional and non-formal procedures to settle conflicts which mostly accepted by Iranian society and Islamic jurisprudence. In the past, some procedures such as Khoon Bas, Fasl and Petr have been used to settle the criminal conflicts informally in Iran. Additionally, arbitration has been one Islamic to settle the conflicts privately and informally. It is a fact that Iranian legislators consider mediation and arbitration as complementary procedures beside formal approaches to settle the criminal conflicts. This survey suggest that there is low harmony between traditional and non-formal procedures to settle conflicts with some fundamental principles of criminal law such as personalization of criminal liability and punishment and therefore cannot fulfil some measures mentioned in restorative justice and it is a big challenge for these informal procedures. However, the legislator can use these traditional and informal procedures to settle criminal conflicts beside other formal and regulated approaches, of course after paving the way for adapting them with current regulations and promoting the judiciary bodies’ supervision on them.

Starting many restrictions, tensions, and stresses caused by the corona virus pandemic around the world, a significant number of women in all countries are exposed to more and more forms of domestic violence. This violence, by causing psychological damage and perceptual, biological and behavioral problems, and consequently weaken resilience and the power of control, leads to special mental conditions that increase the likelihood of criminal behavior in the abused person. However, from the perspective of the psychological and ethical components of criminal responsibility, the perpetrator has no or full criminal responsibility due to post-traumatic stress disorder. Accordingly, using descriptive-analytical research method, the present article intends to address one of the most important requirements of Iran's legislative discourse on criminal liability, namely proper laws within a gender-based model to support abused women who are affected by repeated experiences of violence, anxiety disorder and consequently loss of control and kill their abuser eventually. From the perspective of comparative law, what has been done for a long time in the legislative discourse of many legal systems of the world by predicting the defense of "loss of control" that the need and effectiveness of this defense, has become increasingly apparent with the corona pandemic.