نشریه فقه و حقوق خانواده
پیاپی 44 (زمستان 1385)

Modest apparel (hejab) is one of the important issues which have been discussed thoroughly in the verses of the Holy Quran and Islamic traditions. Banning modest apparel in some countries mislead some people to think that modest apparel is a right of Muslim women but not a law. Therefore as a right women can choose to waive this right.In this paper while the definition of right is given, certain characteristics are clarified, that as a right, it can be relinquished, transferred or an obligation.In this article the definition of divine law which is in accordance with the Holy Quran and traditions are sent by God to stabilize man’s spiritual and materialistic status are also given.It is also known that a law commanded by God, regarding the covering of women is for the protection of women and to provide her with safety and security. So due to the sufficient reasoning and proof given by the legislators hejab(modest apparel) has been accepted as a divine law. Therefore waiving this right has been rejected.

Due to the individual and social necessity in today’s time the talent of Idgtihad and the way of determining the core of the subject and having access to spiritual knowledge in solving small problems according to the present needs of man and being familiar with the historical development and systemization of Islamic Idgtihad, being able to issue orders and having the quality of systemization are among the important issues which has been taken into consideration. On the other hand how to respond to the question of uncertainty, on the basis of firm rules and principles and the development of these rules and principles which guide the Idgtihad, are also discussed.This article also deals with a different way of systemizing Shia leadership on the basis of basic principles and how these principles can be applied in finding a solution for individual and social problems on the basis of infallible teachings are taken into consideration. Therefore the events that occurred during the time of the Prophet and Imam Sadiq(P.) era, provided suitable conditions for the systemization and stabilization of religious leadership by Imam Sadiq(P.) on the basis of books, traditions and wisdom vis-à-vis unjust leadership.

In developing social justice is among those serious issues which has been the concern of legislators in the field of legal, political and social systems. As some critics lacked sufficient knowledge about religious law. They have developed a false idea about the religious legislation that there is no justice in Islamic Principles as a whole, but justice in minor rules. Therefore the question of getting help from other legal systems arose. As a result the Islamic communities are faced with many challenges. Therefore the necessity of studying the principle of divine law particularly the practical traits of the infallibles is seriously felt.This paper deals with the reasoning based on the main principle of justice which is embodied in Islamic law, that has its roots in the verses of the Holy Quran and the traditions of the prophets and the infallibles. Finally the different aspects of social justice in legal, cultural, political, economical and judicial aspects are taken into consideration.

Man’s health and the protection of man’s life has been one of the serious concerns of medical science. Valuable services have been rendered to mankind in the field of medicine. In Islamic countries, inspite of existing religious laws; the legality of organ transplanting has been studied and at this time has been accepted.In this article different kinds of medical treatments through organ transplanting are addressed and its legality has been analyzed from a religious point of view. Also the buying, selling or donation of an organ or limb as a gift has been studied and it’s acceptance or rejection in different cases has been clarified with sufficient reason.

Justice has always been considered by lawmakers, as one of the most important issues of theological and social sciences. The concept of justice in one respect has common features and in another respect is different from social science, philosophy, mysticism and theology. In both fields it is considered a reason for an action or behavior, but in theology it is an attribute of God,e.g. an discription of a perfect being. The existence also is a proof of justice. But in social sciences justice is a charactoristic for the behavior and relationships of mankind.Imam Khomeini(R) and Martyr Sadr the two great Shiite scholars having vast knowledge and command of Islamic practical knowledge have tried their best to clarify the relation between existence and divine law.In this article while discussing the approach of these two great personalities, justice is introduced as a reality in this world as well as the prime goal of religion from an individual and social aspect. Also this article deals with how well justice can be materialized in this world.

With the advancement of technology in communication and information these days, women‘s employment is an important issue. Taking into consideration the status of women as mothers and wifes, women’s employment is of great importance in today’s world. Although the religious law making system did not place any economic responsibilities and obligation on women but at the same time their economics rights should be protected and special consideration for their position is needed. Therefore the issue of women’s employment require a thoughtful anaylsis. Providing a suitable job for women is of vital importance in order to safeguard the family and the home. On the other hand society should not be deprived of the talents and abilities of women and benefit from their specialized abilities without crossing the line and violating their rights. To achieve these goals some effective factors are addressed in this article. Also restrictions and obstacles that exist in relation to women’s employment are analyzed so that they should enjoy proper status in society.Moreover women constitute a large part of skilled experts and educated class in society. Also their capabilities and their management in vital sections of society which is in conformity with their personality and characteristics has been proven.