فصلنامه مطالعات راهبردی زنان
پیاپی 21 (پاییز 1382)

Panderism means providing the ground for joining a woman and a non-intimate man together for committing unlawful anti-modesty actions which societies have been suffering from the long past so far. Nowadays, the crime has exceeded from a simple offence and developed into an organized crime, a big social crisis followed by woman and girl trafficking and the formation of prostitution bands and centers. After defining panderism, the paper brings into consideration the usual and new ways of panderism in modern societies. Then, the existing penal laws are analyzed and appropriate legal propositions are also suggested. The results of the research indicate that the existing penal laws, in addition to having general deficiencies, are not capable of restraining the crisis because of the impacts of gender differences and differences in punishment and in the stages of crime commitment. Therefore, appropriate regulations should be codified to encounter this social problem, to bring peace and justice for the society, to correct the criminals, and to reduce crimes.

There is general consensus among scholars that poverty and social deviations are interrelated phenomena. Though researches are not indicative of the existence of a direct correspondence between poverty and social deviations, they show some kind of relationship between the two. Consequently, as a social problem, poverty influences on the emergence and increase of deviations, especially, crimes of women, drug addiction, and theft. Religion, too, confirms the existence of correspondence between poverty and social deviations. Thus, poverty speeds up the tendency towards deviation in the same way greedy wealth seeking is a strong motive for committing crimes.

Though impairing women through cultural tools is not a new phenomenon. It gained more complexity and importance in the present century. Not only does the realization of impairments vary in accordance with different intellectual and theoretical frameworks, but these impairing factors are still unknown and ambiguous. In line with our previous discussion over the realizations of cultural impairments against women, this part of the paper brings into consideration the motivations of the agents of cultural impairments against women as well as the causes of woman's participation in the process of impairing. In the next issue of the quarterly, the harmful aftermaths of cultural impairments against woman will be discussed over.

"Crimes against family rights and duties" is a chapter of the Islamic penal law. The articles of this chapter require thorough amendment because investigations show the existence of many shortcomings and deficiencies which result in problems for families applying to courts to administer their rights. This section of the paper analyzes and evaluates three important crimes, i.e., "deception in marriage", "marriage before puberty", and "non-registration marriage and divorce". In this evaluation, the ambiguities resulting from law enactment are extracted and specific propositions are given to remove the law ambiguities. Finally, the legal vacuums in chapter "crimes against family rights and duties" are extracted and enlisted.

One of the most important Islamic restraining policies in encountering social deviations is the Islamic post-policy. This mechanism is devised in a way that, in addition to the punishment of criminals, brings into consideration their rectification and correction, as well. Thus, the post-policies are categorized into two parts, i.e., encountering deviations and fulfilling treatment. The strategies for encountering deviations are in turn classified into three groups: personal defense, social defense, and legal defense. Personal defense relates to the necessity of defending oneself, one's family, relatives and properties, and the oppressed people against an aggressor. In social defense, recommending the good and enjoining the evil and their social aftermaths come into view. The objectives and characteristics of the Islamic penal system, its judicial efficiency, and the influential disciplinary factors are the issues discussed over in relation with the legal defense. Finally, with regard to the treatment of deviations, the distinctions between the moral and the social approaches in relation with the constructive elements of treatment and its methods will be studied in this paper.

Legalizing prostitution, which means equalizing it to other occupations and doing freely sexual transactions such as buying and selling sexual services and founding sexual institutions and centers, is part of the policy of some governments for encountering prostitution, which has been studied and criticized by some Western social analysts. This paper is to explain some of the aftermaths of legalizing prostitution such as the spread of panderism and sex industry, the increase of women trafficking, the expansion of fornication and street prostitution, and the increase of child prostitutes etc.

According to article 1133 of the Iranian civil law, a man can divorce his spouse whenever he wishes, but a woman is deprived of her right to get divorced except for the following cases: osr-o haraj, non-payment of the alimony, and the missing of the spouse for a long time. Though article 1119 of the civil law has provided the parties of marriage contracts or other separate irrevocable contracts with the possibility of adding their own conditions to the contracts, but the indifference of the public to this article and, as a result, the displeasing aftermaths of women's deprival of their right to claim divorce encouraged the High Judicial Council to incorporate some conditions into the formal marriage contracts to provide women with the right to get divorced under certain circumstances, on the one hand, and to give financial support to women who accomplished their matrimonial duties very well, yet their spouses want to divorce them, on the other hand. This paper is to study and discuss over the conditions of marriage contracts with reference to their practical vacuums and, after removing the ambiguities, propose some legal propositions for a better use of these conditions.

Fakhr-o-ddin As’ad Gorgani is a fifth century (H.) poet whose only work is a versified translation of "Veys va Rameen" love story going back to pre-Islamic civilizations. Exposing the characters of the story to numerous inevitable circumstances, this work, on the one hand, depicts the struggle for fate and, on the other hand, represents the social corruptions of the time and man's sensual desires which form the general setting of the circumstances of the story. Veys is the heroine of the story, admired by some for her bravery and womanly recklessness and reprimanded by others for her immodesty in the court of ethics. Based on a new approach, this paper is not to declare her innocent but to present a fair characterization of hers and study role of the others, especially men, in luring her to circumstances which led to her conviction in Persian poetry.