نشریه فقه و حقوق خانواده
پیاپی 55 (پاییز و زمستان 1390)

Custody is an important family issue in different legal systems. Taking into considerations the significance of children in society, the custody & the way of training children is of vital importance, which have not been fully considered, and there is no legal Justification for them in Iranian civil law. Therefore, it needs further elaboration. It is worthy to note that in compare with similar institutions there is no clear definition as far as the duty, rights& the obligations of custody are concerned.On the other hand, there remain some unresolved questions, which are necessary to clarified. Consequently, courts seeking help from legal resources and authorities and the department of justice show that its controversial arguments & ambiguities, which have to taken into consideration still remain. The present article while attempting to clarify the custody rights& its relevant obligation needs further elaboration and finally it presents some solutions.

Accurate decision on religious statement in the jurisdiction of theology depends on the objective and relation between different factors and topics.The prime goal of religious statement in the area of guardianship is to support the financial interest of children.On the basis of the objectives, the limits the topics, then the decree will be clarified. Taking into consideration the collection of religious statements& its objective on financial issues the present article analyses the nature of such decrees with new approaches.Consequently the decree of different topics will be clarified. Finally it presents certain criteria for the above mentioned jurisdiction of theology.

Family jurisprudential rules are composed of general & universal decree of theology, which are the basis of some family legal rules. Laws related to “Resa”, “Ferash”&“Almotalaghe Alrojieh” are specific family rules are only included in family law. The present article studies the content, the document, the provision of its applicability & theological discourse of each rule from the view point of preceding & contemporary theologians & its application in Iranian civil law.

Jurists & theologian have taken the Theological & legal nature of custody & the effect of choice on custody into consideration since the very beginning. Regarding various opinions on the rights & obligation of custody & its impact on family which is the fundamental pillar of society, the above mentioned issue needs further studies and investigation.The present article while studying the problem of administrating child custody, the rights of custodial parents & the effect of choice on custody, elaborates the jurists &theologian approach on the nature of custody.Whether the natural parents may attempt to revoke consent & relinquish the child to prospective parents is a question ostensibly predicted on the child’s best interest.Regarding the theologian & legal reasoning the result of the study was that pursuant to article 10, 925, 960, 959, of civil law, it is possible to withdraw the consent & rights, unless it is legally forbidden. The child custody is the right & privilege that is awarded to a husband & wife. Therefore they can legally relinquish the child to prospective parents.

According to legal approaches the parentage of the children born out of marriage, is considered illegal & he/she does not belong to a man who has committed adultery.In accordance to article 1167 of Iranian civil law & Imamieh Jurisprudence the illegal child does not belong to natural father, meaning the parentage of the child is considered illegal & does not enjoy the rights of legal guardianship, custody, maintenance & inheritance. In other words illegitimate children do not enjoy the rights provided by statute for legal children in most jurisprudence. So it begs the question what the legal status of illegal children is in Iranian legal system & who is responsible for the financial &non-financial rights of these children. In 1997 with reference to the view point of the contemporary theologian the general board of supreme court of the country set precedent voting No. 617, to safeguard the rights of illegitimate children & clarified the legal status of these children, that natural fathers is responsible for all his duties & obligation except inheritance. Hence the present article while studying the rights of these children proposes some appropriate legal solution involving typical cases as property reconciliation or possessory will to help illegal children who are deprived from inheritance right.

In multimediated world, crime, violence corruptions are fundamentally mediatised phenomena. Similarly, to the extent that virtually all thoughts & human experiences today are inseparable from mediatized experiences A critical investigation of media & crime, acknowledges that everything in the late modern world are mediatized.In addition to the positive impact of media on human experience, it might lead to numerous examples of crimes & corruption in society. In recent decades international media such as satellite &internet are out of control of legal procedure, and we have been witnessing the emergence & development of mediatized crime It can be noted that running away from home, having illegal sexual relation, and cybersex are some examples of mediatized crime. The present article studies these two types of social corruption. As running away from home is not regarded a crime and is just considered corruption, it proposes that by teaching cultural values, & social construction of human consciousness, the government &the people make an attempt to fight against such social corruption & replace healthy & safe entertainment for the well being of society

In Islamic legal system in order to strengthen the family foundation, either parties of marriage contract are assigned certain duties & legal rights. Alimony is one of those rights that awarded to the wife by the husband. The criteria for ordering alimony have been discussed in past, and also the verses of the Holy Quran & sayings testify this right. It has been approved unanimously by all Islamic Jurists, but there still remain some controversies as far as the amount & criteria are concerned. The present article studies the Imamieh Jurisprudents &Sunnie’s point of view, to determine what kind of expenses are covered by alimony to meet the wife’s requirement. The study reveals that in connection to the amount of alimony & its criteria, there are two different opinions. The first group Sheikh Toossi &Sunni scholars believe that the payment of alimony depends on both the earning capabilities of a man & the dignity of a woman. But the second group Saheb Javaher & the contemporary Jurists are of the view that the amount & the criteria of alimony depends upon the dignity of a woman thus the disputed issue is one of the difficult cases to be determined. The first group does not consider sick pay as a necessary factor of alimony, but the contemporary shitte jurists believe that all expenses should be included in alimony to meet the necessary requirements of a wife.