نشریه مطالعات فقهی و حقوقی زن و خانواده
پیاپی 9 (بهار و تابستان 1401)

What is realized in the punishment of crimes, both partial and partial, does not refer to gender and the sex of the crime can be proposed regardless of the sex of the offender, but after considering the jurisprudential texts and Iranian law on partial punishment for murder, there are gender differences in the amount of punishment. It is obvious that this article is a place of reflection and analysis. From the point of view of jurisprudence and law, the general rule is based on the reduce or intensify this type of responsibility in legislation and punishment, so women are the same as men But in the case of punishments and punishments such as murder, gender can be effective.The legislature, taking into account the gender of a woman or a man in a specific or common crime, has determined the amount and quantity of punishment at the time of enactment, which is more severe and less severe for one sex and less for another. In this article, the effect of women's gender in the punishment of murder has been studied and the cases of mitigation and the difference between the rules and punishments of men and women have been discussed separately.

The Holy Sharia has established several rights in the marriage contract to secure the couple's interests and strengthen the family's foundation. Most Imami jurists have recognized the right of lien for both parties in the exchange contracts and marriage. The right to lien is an option based on which each of the parties to the contract is allowed to refuse to perform his obligation until the other party's obligation is fulfilled. The recognition of the right to lien in family law, in addition to shattering the foundation of the family and increasing family harm, has increased the family's judicial challenges. The spread of unconventional dowers in Iranian society has doubled the problem of the right to lien. This has necessitated a jurisprudential review of the principles of the right to lien and the related laws. The research findings show that the jurisprudential principles of the right to lien face serious challenges. The current paper, using library resources with a critical analytical approach and examining various aspects of the mentioned issue, analyzes the jurisprudential foundations of the wife's right to lien in marriage. Therefore, after the preliminary reference to the right of lien in the legal system, it analyzes the jurisprudential-legal proofs and criticizes the most important views of Imami jurists. The research findings show that marriage is not considered as an exchange contract. And the right to lien in the exchange contracts and in marriage does not have a clear legal document.

The education of children is vital and important in any situation. From childhood, children are exposed to a wide range of learning environments that help them become independent individuals in the future. Therefore, the education of children is very important in any society. The consequences of not educating children are so great for themselves and society that it is necessary to examine the basics of protecting this right. Thus, in order to fully protect the right to education, it is needed to clearly examine its jurisprudential and legal foundations. For this purpose, although the Law on the Protection of Children and Adolescents approved in 1381 addressed this issue in Article 4, it had problems in practice that could not fulfill its duty well. However, a new law entitled "Children and Adolescents Protection Law approved on 2020/12/05" was prepared, which met the expectations to a great extent, and of course, for its maximum efficiency, it must be implemented properly. This research has investigated the jurisprudential and legal sources of the current law with a jurisprudential approach and a descriptive-analytical method and has justified the criminal intervention of the legislator in preventing education.

One of the most controversial legal issues in the relationship between spouses is the exercising of the right of lien by the wife which is the subject of many lawsuits in the courts today. According to the opinion of most jurists, if the wife's dower is non-timed, she can refuse sexual obedience until the dower is received. The wife's refusal to submit sexually is done with Sharia permission, and for this reason, it does not destroy her right to receive alimony. The right of lien in marriage is proven by several reasons, the most important of which are traditions, the consensus of jurists, and considering marriage as an exchange contract. In the present research, we reviewed and criticized these reasons with a descriptive-analytical method based on library sources, and come to the conclusion that the proofs presented are not enough to establish the right of lien in marriage.

The comprehensive claim of damage caused during the fetal period and its harmful consequences throughout life is an issue that is less identified and evaluated. Regarding the civil responsibilities related to bodily damages, most of the studies conducted have been about the liability resulting from death and human injury after birth rather than the liability arising from birth itself and fetal injuries. The question may be raised as to whether the birth is considered a loss so that it is followed by civil liability. It seems that although birth is a divine blessing, sometimes, even if rarely, it is equal to harm, such as when a child is born injured, defective, sick, or disabled due to the fault and harmful actions during the fetal period and may suffer damage for the rest of his life. The existence of such a responsibility is confirmed by a comparative study of the legal systems of the United States, France, and Iran and jurisprudential views using analytical and hermeneutic methods. In this article, it is shown that the fetus has the capacity to acquire rights after blowing the soul, and the child after reaching perfection or his compulsory guardian will have the right to demand compensation for the damages, hence, the current laws need to be revised.

Determining the amount of alimony is one of the jurisprudential issues on which there are different approaches. Some jurists believe that it is necessary to consider the status of the wife in paying alimony, and some are against this opinion. On the one hand, the statements of the jurists who believe in the priority of observing the status of the wife as the criteria for paying alimony (meeting the needs of the wife or maintaining her dignity and position) are confused and these titles are not well explained and separated. On the other hand, if the status of the wife is to be considered, it must be determined whether it is meant before or after her marriage. In addition, most scholars believe that the criteria for determining the status of a woman is the position of similar women in her place of residence; however, this theory needs more reflection and scrutiny. Although some of these issues have been briefly discussed in the scientific works of previous scholars, solving all these uncertainties requires an independent and comprehensive research. After examining the various dimensions of the problem, this article, using the descriptive-analytical method and library sources, reached the conclusion that: 1. The criterion is the dignity of the wife, not her need; 2. The criterion is after marriage, not before; 3. The criterion is the true dignity of a woman in the place where she resides, not her dignity in the society she is living in.