نشریه مطالعات فقهی و حقوقی زن و خانواده
پیاپی 10 (پاییز و زمستان 1401)

There are different views on the issue of women's judgment. According to Iranian law derived from famous jurisprudential fatwas, the condition of being male is considered for judges who have the authority to give a verdict. In Islam, one of the necessary conditions for judging is ijtihad (independent reasoning by an expert in Islamic law), which due to the current situation of the society and the lack of sufficient mujtahid judges (judges who are qualified to perform ijtihad) or the unwillingness of mujtahids to judge, the Islamic society of Iran has deviated from this necessary and obligatory condition. In addition, there are differences among the experts regarding the condition of being male for judges, which are discussed briefly in this article. Currently, more than a thousand female judges are working in the judiciary, but judging and giving verdicts about women are not accepted, making their promotion difficult. The present paper, through in-depth interviews with a number of female judges, points out the difficulties of their promotion and identifies the obstacles to their promotion and attaining some judicial positions in the judiciary. Furthermore, by presenting proposals and executive solutions to overcome the mentioned problems, it tries to use the knowledge, science, and experience of women in order to develop and strengthen the judicial system of the country.

Violence and extremism against women in society and especially in the family environment, in addition to legal and moral aspects, have many physical, psychological, and social consequences that can endanger not only women's health but also the family and society. Violence against women has a long history and many factors and causes are involved in its occurrence. Sexual, physical, economic, verbal, and social violence are types of violence against women, each of which in some way suppresses their personality and actual status. However, referring to religious teachings and learning from the advice of religious elders can lead to appropriate solutions to deal with violence against women in society. In this article, using a descriptive-analytical method and referring to the words and sayings of Imam Reza (AS), in addition to enumerating the difficulties and dangers faced by women as a result of various types of violence depriving them of their mental security, we seek to infer the ways to deal with violence against women from Imam Reza's words and lifestyle. The findings show that Imam Reza (AS) while explaining the worthy position of women in society and especially in the family, criticized any humiliation of their personality and ignorance of their rights in various life issues, and emphasized preserving the dignity and respect of women

The occurrence of crime in society is undeniable and the solution of the legislators is to enact laws and impose some punishments. For this purpose, the legislators use jurisprudence and law a lot. There are differences between men and women in committing crimes. Moreover, with the expansion of the media, we are facing its damages and capacities. In the meantime, it is important to pay attention to the laws and their implementation in Islamic society. According to legal documents and foundations, for some crimes, the punishment of tashhir (media representation) is regarded as the main or supplementary punishment. Applying punishment as a deterrent, besides not losing the rights of criminals, creates difficulties. The problem is when tashhir is tied to women's crimes because their issues are more sensitive than men's. The purpose of this research is to investigate the media representation of female criminals based on the opinions of the leader of the Islamic Republic of Iran. Therefore, the question arises: Is the tashhir punishment for women absolute according to the viewpoint of jurists, especially Sayyed Ali Khamenei? The findings show that most of the jurists as well as Sayyed Ali Khamenei consider limits on women's tashhir. This research has been done with a library method .

The background of the research on the ruler's divorce goes back to the jurisprudential book al-Moghnaah by Sheikh Mofid. Among the problems of today's society is the increase in the number of wives turning to the ruler for divorce petitions, a problem that is caused by the reduction of the wife's tolerance of the hardships of life. According to narrations, divorce is the most hated divine law and also a threat to the existence of the family. The theory of "Wife's Pervasive Distress and Constriction" aims to limit this social problem to specific examples that have not been considered in current research studies. From the point of view of jurisprudence and civil law, divorce is firstly and independently the right of the husband, but in cases where the wife is in severe distress and the husband refuses to have good company or divorce her, or divorce is impossible on his part, the ruler takes charge of the divorce. Therefore, the main question of our research is: What is the theory of "Wife's Pervasive Distress and Constriction" in the ruler's divorce from the point of view of jurisprudence and civil law? The method of this research is descriptive and analytical. The findings of the paper show that according to some verses of the Holy Quran as well as authentic narrations and other reasons, the two concepts of "mis-association" and "harmful retention" are related to the ruler's divorce, and the right of the wife to refer to the ruler is reserved for the time of pervasive (severe) distress and constriction

One of the controversial issues in today's society is the legitimacy or illegitimacy of the Islamic government's obligation to wear hijab, which has been discussed a lot by both supporters and opponents. But it seems that reducing the issue of hijab to criminal jurisprudence is not appropriate and the issue should be brought up in a more comprehensive way. That is, the question must be raised about the position of Islamic criminal policy regarding the hijab, so as to clarify the limits of authority and responsibility of the government and the Islamic society in this regard. This research investigated this issue using Islamic sources and jurisprudential texts in a descriptive and analytical way and concluded that the criminal policy of Islam has paid attention to the issue of the hijab on three levels: social, situational, and criminal prevention. Thus, members of the society and civil institutions, along with the Islamic government, have duties to explain, disseminate and institutionalize the Islamic hijab in society. In addition, at the level of crime prevention, if certain conditions are met, the Islamic government has the right to criminalize the non-observance of the Islamic hijab in accordance with the interests of the individual and society
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Since the establishment of the United Nations, many documents and conventions have been approved under the title of protecting women's rights, but the increase in crimes against women, poverty, immigration and pornography are examples of the failure of this important international organization to defend women's rights around the world. The protection of women encompasses a wide range of important international issues that require urgent attention. Some issues, such as women's prostitution, arise from economic factors, and others, such as violence at home and in the community, are rooted in poverty, social norms, and tradition. According to a 1995 survey of the number of children employed in the sex trade, one million girls enter this multibillion-dollar industry each year, and nearly forty million girls under the age of fifteen are abused and in need of health and social care. The adoption of legal measures in support of victimized women has been one of the priorities of the working group of women in the United Nations in 2021