فصلنامه حقوق اسلامی
سال هشتم شماره 2 (پیاپی 29، تابستان 1390)

This article juridically studies the wife's obedience to husband according to the Holy Quran and hadiths; and it is aimed to specify the scope within which the wife is religiously obliged to obey her husband. The most important verse in this concern which may be referred to is the verse 34 of the Chapter Nisa which in the first phrase, suggests that men are in charge of life and which rationally implies that wife's obedience to her husband is obligatory. In other words, the necessity of obedience which may be understood from the verse is a guiding one; but, because of the rule of "intellectual inference", its leading necessity may be understood as well. Here to be guiding is not inconsistence with being of leading necessity. In the end, the leading necessity of the wife's obedience to her husband has been taken as being undisputable and because of opposition (obedience as compared to disobedience) it is understood that the scope of obedience concerns obedience in sexual affairs. In hadiths, women are called to obey their husbands in general or seeking for their husband's permission to perform some devotional ceremonies such as fasting, hajj, or non- devotional ones such as going out of the house or making a vow. Some of these hadiths suggest the rational and guiding necessity of obedience and from some other hadiths in which the scope of husband's permission is specified, it is understood that in enjoyment, husband dominates his wife and in this assumption, obedience to husband is of a leading one.

There are many bases in the field of communication as well as other fields on which privacy may be protected and the responsibility stemmed from violating it is introduced. No one of them is, however, so covering that under which privacy may be justified and protected; thus, a basis should be searched which covers all aspects of privacy and, in a global orientation, cover principles spoken of in the comparative law as well. The rule of respect seems to be the most covering principle which may realize the above objectives; for, both material and spiritual dimensions of privacy are covered by such a principle. Thus, a view which seeks to justify privacy in the form of ownership of privacy corresponds to a part of the above rule which is to protect financial aspects and the ideas of those who put emphasize on human dignity correspond to another part of the rule which emphasizes respect to spiritual aspects and persons reputation.

Pharmaceutical products are complicated products influencing man's health and when necessary information is not presented, it is difficult to know their constituents, side effects and benefits. When necessary information is not presented, pharmaceutical products may change into dangerous items; for the same reason, production, supply, and prescription of such an item may cause some liability. According to some legal rules, it may be said that such a pharmaceutical product which is produced and supplied without necessary information lacks possessory value, and trade on such an item is invalid and causes liability. To have knowledge of civil liability arising out of avoiding presentation of information about a pharmaceutical product, the nature of item and principles of civil liability should be analyzed and studied. Also, legally speaking, it should be found that how the civil liability is reflected in the Articles of law.

There are many points concerning "marriage of the lunatic" (i.e. one who does not sufficiently grow to administrate his own financial matters). What that seems to be neglected and is not so discussed is that if someone is of sound mind in financial matters but not for marriage and selecting a spouse (which is a non-financial matter), will he be free to marry without a permission of his guardian? After speaking of two different views and analyzing arguments posed for them, we will come to the conclusion that lunacy in marriage prevents one from deciding independently for marriage; and, after introducing some standards to recognize soundness of the mind, we will present our proposal to correct the rules of the Civil Code in relation to the above points.

One of the subjects discussed in the penal law and penal jurisprudence is that whether the victim's previous consent about the crime committed against him is of influence or no influence on lapse of retaliation and blood-money. Though according to Imami jurisprudence and most jurists of other schools, such consent is unlawful, if viewed from the perspective of positive laws (retaliation and blood-money), there are three opinions in this regard. While most Imami jurists as well as jurists of other schools believe in lapse of retaliation and blood-money, some jurists have said that the criminal should be retaliated, and some others believe that bloodmoney should be paid. Since there are different opinions, the legislator has to choose either one of the justified opinions or keeps silence. The only article in which some rules may be found that are similar to the above points is the Article 268 of the Islamic Criminal Law. It seems that rules posed in this Article concerns only remission after crime and has nothing to do with the previous consent. Adopting a fully argumentative approach, the present writing tries to explain, analyze, and evaluate arguments posed for the above opinions. And since if the primary owner of the right of retaliation is known, it will be of direct influence, the related juridical ideas will be discussed and finally a legislative solution will be provided to bridge this legal gap.

The Regulations in Proceedings in Civil Matters (Articles 130, 135, and 143) has expressed period of filing suits for third party intervention, impleader, and mutual apprehension; but it is silent concerning period to file an additional suit. This silence has caused some doubts and probabilities; it may be probable that the additional suit is not restricted to the first session of proceedings and may be filed before declaring the court proceeding closed. But, on the other hand, it may be restricted to the first session. The present writing will discuss the two probabilities.

Commercial secrets include all forms and kinds of commercial and economic data, and the owner of such data always tries to protect their secrecy. These data may be stolen by avaricious ones. If disclosed, commercial secrets will be no more secrets and will be no more protected by the legislator. Also, they will be of no economic value; for, their economic value depends upon their secrecy. Thus, the legislator has to consider violation of secrecy of commercial secrets as crime, and, in this way, protects such secrets. This has been done in the Federal Law of the US according to the Espionage Act (approved in 1996). In Iranian laws and regulations, however, in particular in the real world, commercial secrets are not so protected. This gap should be, through suitable criminalization, filled.