نشریه مطالعات فقهی و حقوقی زن و خانواده
پیاپی 8 (پاییز و زمستان 1400)

Domestic violence against women is one of the social harms threatening the family institution, and programs to combat it are seriously on the agenda of human rights organizations. Despite the fundamental and attitudinal differences between the Islamic-Iranian legal system and international instruments, strengthening the position of women in the home and society and enforcing women's legal rights in all areas, and paying special attention to their constructive role are important concerns for both. In this article, we review domestic laws related to the elimination of violence against women, in particular the Women's Security Bill and the Charter of Women's Rights and Responsibilities in the Islamic Republic, and compare them with international instruments such as the Conference on the Elimination of Discrimination against Women and International Covenants. After analyzing their strengths and weaknesses, solutions such as optimal culture-building, criminalization of domestic violence in Iranian laws and international instruments, and appropriate family disciplinary sanctions are proposed with the aim of strengthening the family, promoting arbitration in Iran, and mediation in the international arena.

Cyberspace in the present era has a very wide and profound impact on human life and its use as one of the cultural consumptions is worth considering. In the jurisprudential study of this issue, one must first determine the effects of its application on the individual and society, and the effect of consumption on the personality of the consumers. Of course, any cultural consumption of cyberspace, especially the networks of foreign messengers, is, on the one hand, an influential factor and, on the other hand, a sign of being affected. In the current situation, where the general management of cyberspace is not in the hands of the Islamic ruler, the first step is to talk about the rule of necessity to determine how to use it, and in applying this rule, the incompatibility and the least harm should be considered. However, we go beyond the signification of the rule in two areas; the first is cultural consumptions that are not harmful and the second is consumptions that are in conflict with another task, but the consumption per se is not necessary. Nevertheless, the rule expressing the preliminary regulation is without considering the interference of the ruler, but if the Islamic government forbids access to part of cyberspace, the absoluteness of prohibition cannot be understood as an absolute prohibition, unless titles such as weakening or disrupting or depriving the system of security arise.

Due to the special circumstances of the hospital environment and the constant communication of nurses with patients, the mental health of nurses, especially female nurses, has a deterrent role in the occurrence of dysfunctional behaviors. The aim of this study is to investigate the relationship between spiritual intelligence (SQ) and mental health of female nurses in Mazandaran's hospitals, examining the correlation between these two variables, and showing its effects on balancing some adversities and stressful behaviors. The research approach is descriptive and correlational and is conducted by field method using standard questionnaires of King and Dico spiritual intelligence and Goldberg and Hiller mental health questionnaire with a sample size of 250 people through available sampling. The collected data are analyzed by mean tests and structural equation modeling, using SPSS and LISREL software. In this study, spiritual intelligence is used as an independent variable with four indicators of critical thinking, meaning production, awareness, and development of consciousness and mental health is used as a dependent variable with four indicators of physical symptoms, anxiety symptoms, social functioning, and depressive symptoms. Research findings show a positive correlation between spiritual intelligence and mental health of nurses.

Civil law, in accordance with Imami jurisprudence, has recognized several types of divorce, one of which is Khul divorce. This divorce has special rules, including the fact that according to Article 1146 of the Civil Code, the divorce is specific to the time when the wife hates the husband and is willing to pay money to him in return for the divorce. In the present study, the authors seek to explain the role and effects of "hatred" in divorce by using the descriptive-analytical method and collecting data from library sources. The research findings indicate that if the wife does not hate the husband, she cannot separate from him by Khul divorce, but must resort to another type of divorce. In addition, the hatred must be so severe that if the separation between the spouses does not occur, the wife will not observe the divine commandments.

One of the general policies of the family that the Supreme Leader has announced after consulting the Expediency Discernment Council is to review, reform, and complete the legal system and judicial procedures in the field of the family, in accordance with new needs and requirements and with the aim of consolidating the family. Given the rise of rationalist currents with emphasis on the place of reason and way of the wise among the sources of the family law system, in this article, we examine whether these two elements can be used as a rationale for reviewing, reforming, and completing the legal process. The use of these sources in the family law system due to the special nature of the system, such as the penetration of morality in it and the lack of guarantee of implementation in some rulings such as the obligation to sexual obedience, has created a great deal of ambiguity, to the extent that doctrine and courts have not dealt with it properly and no rules have been laid down to clarify it. Therefore, recognizing the position of these sources in the family law system as an important part of the legal system, the judges' correct use of them, and explaining the above legal policy is of indescribable importance.

There are differences of opinion as to the criterion of thayyebah (a widow or a divorcee), and basically, as to the women who are referred to as thayyebah and the group of girls who are called bakerah (virgin). Since these two terms are used opposite each other, many scholars in jurisprudential and legal books have explained only the criterion of bakerah, which consequently clarifies the meaning of thayyebah. Undoubtedly, this criterion has a great impact on how to choose a spouse, on the scope of spouses' authority, the amount of the wife's dower, the health of individuals, marital life, and society. In the law books that have dealt with this concept, marriage along with the removal of virginity has been mentioned as a sign of thaybubah, and the words of the jurists and their various references in different chapters imply four theories in this regard. Accepting each of these opinions in applying them to the controversial examples of virginity will have different effects and rulings. However, for the meaning of thaybubah as a characteristic that, with its existence, the guardian's permission is revoked in marriage, one cannot find any common ground between the chapter on the guardianship of father and grandfather and other jurisprudential chapters. Hence, we have to admit that the jurisprudential concept of thaybubah has different meanings; in the chapter on the guardianship of the fathers, the removal of virginity due to sexual intercourse causes thaybubah, and in other jurisprudential chapters, the removal of virginity is the criterion of thaybubah.