فصلنامه مطالعات راهبردی زنان
پیاپی 95 (بهار 1401)

The legislative policy of the Islamic Republic of Iran is to establish and strengthen specialized consultations. Accordingly, the Family Protection Act obliges the judiciary to establish counseling centers with family courts. The law also makes it mandatory for a court to refer consensual divorce claims to counseling centers. The philosophy of this legal obligation is to strengthen the family, prevent divorce and create peace and reconciliation. In addition to the remedial function, the legislature has delegated other important missions to family counseling centers, such as expert comment on the causes and nature of family lawsuits, social work, and health care. This article descriptively-analytically examines the jurisprudential principles of the obligation to consult and also the structural capacities of counseling centers in fulfilling legal functions and has reached the conclusion that the obligation of consensual divorce applicants to counseling is absolutely against expediency and It is incompatible with religious norms. It was also found that the scientific, experimental and ethical competencies of counseling center experts, as well as the involuntary nature of counseling and non-selective counseling, are incompatible with its legal functions, and therefore counseling centers lack the necessary efficiency to achieve the legislator's goals.

In the practice of international institutions, gender mainstreaming is the main strategy for promoting gender equality and the teachings of feminism as its theoretical underpinning. Given the practical experience of more than two decades, today its practical fruit in some areas has not been evaluated in favor of women. Due to the development of the concept of gender in the international arena, gender mainstreaming, beyond combating discrimination against women, seeks to identify and realize the rights of homosexuals, which has been criticized by many governments and experts. In addition, the indecisiveness of the definition of this term and also ignoring the identity of women and the real needs and necessities of their lives in the field of community and family while implementing it are among the serious criticisms of this strategy. The view of the gender mainstreaming is a society in which women and men have equal rights and opportunities in all individual, family and social affairs, unaware that in some matters related to women's temperaments and specific tendencies and tendencies that confirm the role of motherhood, women should be looked at differently. Lack of cultural-indigenous perspective, and only with an extreme individualistic approach, the current seeks to realize women's rights by denying the family and family plans such as motherhood and marriage, an achievement that is rejected and unpleasant by many women in different parts of the world.

The National Document on the Rights of Children and Adolescents is one of the documents approved by the Supreme Council of the Cultural Revolution, which has been prepared with the intention of regulating the country's comprehensive cultural system in the field of education and training of children and adolescents. The existence of legal rules and regulations that have a nature and background in the present case has led to the question of the position of this document in the system of normative hierarchy and, consequently, the capacity assessment of the legal system in its implementation. Therefore, the present study seeks to answer the question "What is the position of the National Document on the Rights of the Child and Adolescent in the Iranian legal system and what are the ways to implement it?" Leading research collects research data by library method and studies them by adopting descriptive-analytical method. Based on the findings of this study, it should be said that the National Document on the Rights of the Child and Adolescent is a document with a policy nature, for the implementation of which the three assumptions of direct implementation of policy, implementation in the context of legislation and implementation through regulation can be expressed. The author believes that the implementation of this document in the context of legislation by presenting a bill by the government is more compatible with the Iranian constitutional system.

Enforcement of children's rights and prevention of their rights violation is one of the important issues in the field of cyberspace that digital parenting can play an effective role in it. Digital parenting is based on specific principles and rules that have adapted to the development of technologies such as new communication tools, platforms and various software. The method of this paper is descriptive-analytical method and seeks to answer this basic question about the rights of the child by considering digital parenting and the strategies to protect these rights? Examples of children's rights in relation to digital parenting include digital rights, the right to education and other rights. Islamic principles and rules of digital parenting for the realization of the rights of the child can be the principle of companionship with children, the principle of empowerment for present and future life, the principle of gaining readiness and knowledge before entering cyberspace, the principle of precedence actions over advice, the principle of reducing parenting costs and seizing opportunities, the principle of comprehensive parenting and the principle of enjoining what is Good (Al-Ma'roof) and Forbidding what is Evil (Al-Munkar) that are a guide for parents to do their duties which is related to children's rights in the digital age. Although it is the parents' responsibility to determine the content of the moral duty of parenting and digital parenting, the legislature has also sought to guarantees that this duty is performed perfectly by the child's parents and guardians.

The conditional option in the transaction is rational and legal logic accepts it. However, in Article 1069 of the Civil Code, the Iranian legislature has invalidated the stipulation option in the marriage contract and specified: "The condition of termination of the marriage contract is void ...".There is also disagreement among Islamic jurists about the nature of marriage.The main question is whether the condition of the option in the marriage contract is invalid or not? and Which approach with the nature of marriage, Stipulation of an Option is invalid?In this article, which has been written in a descriptive-analytical method with library tools, an attempt has been made to re-examine this issue from a jurisprudential and legal perspective.Studies show that considering that there is no statement from the infallible Imams in this regard and the arguments accepted by the jurists have not determined the task in this regard, various ijtihad reasons and legal justifications have been provided by jurists of jurisprudence and law to prove the conflict between the Stipulation of an Option and its invalidity in marriage, which are debatable. Therefore, it seems that the view of explaining the nature of transaction and exchange of marriage is preferable and acceptable. Therefore, the stipulation of an Option does not conflict with the mentioned nature and like other exchanges, the inclusion of the stipulation of an Option in the marriage contract is permissible and correct and is binding. Considering the benefits of this matter, which can be applied in accordance with the needs of today's world for each couple, in particular, in order to protect and respect the interests of the wife, it is suggested that the legislator take a realistic approach and also create a new order in family law, regarding the amendment of Article 1069 of the Civil Code.

In Iran's legal system, according to Islamic jurisprudence, there are different types of divorce, one of which is khula divorce. Although khula divorce follows the general rules of divorce, it also has special rules; Including the fact that a khula divorce request is only made when a woman hates her husband. In the upcoming research, the authors try to explain the position of "hate" in the khula divorce with a descriptive-analytical method and data collection through the library method and emphasizing the jurisprudential opinions of Imam Khomeini (RA). In this research, the authors found that according to jurisprudence, if a woman does not hate her husband, she cannot request a kula divorce. Also, the woman's hatred towards her husband must be intense, so that if divorce does not occur, the possibility that the woman will not fulfill her duties towards her husband; Therefore, contrary to what is sometimes seen in the proposed cases in family courts, mere reluctance towards the husband cannot be a license for khula divorce. The results of this research specifically help the judges of the family courts in issuing judgments in accordance with the holy Islamic law in the field of khula divorce.

In the laws of the 4th, 5th and 6th development plans, a plan for empowering women heads of the household has been proposed, but until now and with the end of the implementation period of the law of the 6th development plan, this plan has not been approved by the Islamic Council. The aim of the current research is to study the obstacles and challenges of drafting a plan with the approach of empowering women heads of households from the perspective of experts; In order to achieve this goal, by adopting a qualitative approach and content analysis method, in-depth semi-structured interviews were conducted with 10 experts and experts in the relevant field, including members of parliament, officials, researchers and experts of support institutions. The findings of the study show that approach and organizational challenges were the main obstacles in the process of compiling this plan. Therefore, the most important political strategies with regard to the role of agency and activism of women heads of households, is to exemplify and comprehensively define the empowerment of women heads of households. Therefore, it is necessary to remove the obstacles and structural deficiencies and explain the indicators of empowerment of women heads of the household and determine the criteria to achieve this goal.