نشریه فقه و حقوق خانواده
پیاپی 56 (بهار و تابستان 1391)

Marriage parties may insert various conditions in their marriage contract. One condition is that the wife may ask her husband to refrain from getting a second wife while being married to her. She might add another element that if he fails to do so, he will be deprived of certain responsibilities on her side. On the basis of some tradition there are differences of opinion among Islamic scholars concerning the validity of setting such conditions and consider it illegitimate. On the other hand in view of other groups the above mentionedstipulations is justified and are considered essential to its existence.The study shows that on the basis of general rules every permissible act can be stipulation and Verse 3 of chapter Nisa which allows a man to remarry is proof of such act.Examining the issue from various perspectives, it becomes obvious that there is no accountability between the stipulation of not to remarry and the reason for permission to remarry. It all depends on certain conditions.Furthermore the notion of adding stipulation in the marriage contract is legally bounded.

At the present time one of the emerging issues in medicine, psychology, sociology &law is sex change. Jurisprudence and legal works have explained provisions and duties of two groups of people who experience gender disorder namely: transgender and deformed genitalia in detail. A recent finding of Psychiatric knowledge reveals that some people suffer from transsexual problem-another new type of sex disorder which is distinguished from the other two categories mentioned above by its unique symptoms. In fact sex change is the exact term which can describe this group of people. Many contemporary Islamic jurist and lawyers allow sex change, but the impact and the legal consequences of this problem particularly on spouse relationship have not been thoroughly explained. Benefiting from the legal and theological sources and the legitimate reasoning of sex change, its impact on family legal system such as marriage, marriage portion, wife's waiting period, child custody and inheritance will be clarified in this paper. Ultimately it tries to justify the women's right that in case of her ignorance of gender problem of the opposite sex can lodge an appeal to the court of law for irreconcilable certificate.

One of the major issues in family law is proof of kinship due to its vital legal effects. The recent developments of science call for the possibility of using genetic tests in the legal cases of proof of kinship. Islamic scholars have different opinions concerning the tests and their results as legal evidence. Some of them agree on using the evidence obtained by way of the scientific method while others disagree. There is less difference among lawyers. They only concerns the manner of adopting the tests as a form of evidence. The current paper seeks to examine the role of DNA tests and the possibility of adopting them as proof of kinship, and to see whether it is possible to adopt them in accordance with the existing law, or whether the adoption is not allowed until the law is made explicit on the point. Considering the current state of things that all proofs of kinship are not fully reliable and there, thus, exists the possibility to prove wrong, and since the conventional methods can adopt complementary ones, the genetic tests need to be used as a new method of evidence in numerous cases of proof of kinship, although there is a need of explicitness of law in order to bring about the required condition for adopting the new method of legal evidence.

In Islamic legal system marriage can be terminated by the true intention of the husband. If the wife seeks divorce and the husband refuses there is no way to compel him to end the marriage, but in case of hardship or suffering on the part of the wife in marriage, the husband will be obliged to divorce her. According to Islamic scholars the husband cannot be compelled to grant his wife a divorce even if she is willing to return part or all of her dowry in order to free herself from the marriage bond; still the husband has a unilateral right to refuse. Subsequently this scenario creates some legal problems. From Islamic and legal point of view the writer claims if the wife is unhappy to continue overruling the husband's refusal, he will be forced to divorce his wife. Due to the importance of this issue and its impact on family law, this paper analyses the problem on the basis of jurisprudential and legal point of view followed by legal documents and reasoning.

The prime goal of placing female cops in the police (organization of disciplinary forces) is to protect women and children against violence in a secured society by providing counseling services for the family, changing the social attitude and helping the victims to become aware of domestic violence and reducing the cases of crime and offence against them. In the present article the roles of the female police in preventing crimes against women and children are separately discussed. The writer tries to answer the question regarding function of female police in changing social conditions by lowering the number of victims and acts of violence since they are trained and have gained a better mechanism in protecting women and children against crime and violence.

Observing children's right of identity was the prime goal of UN convention and some guidelines were also presented.The study shows that despite the recognition of the declaration of UN on children's rights by some countries, still they have failed to observe such laws.Considering the current state of matters the shortcomings of the existing laws have stressed the need to emphasize on children's rights. On the other hand this issue is supposedly originated due to the inadequacy of laws of western countries, authorizing sexual relationship, the birth of illegitimate children and secrecy in gamete and fetus donation.The writer believes that Islamic legal system prevents the loss of child identity, and considering adultery as a big sin. They are deeply concerned with the need to help children to preserve their identity and consequently the best interest of children will be safeguarded.

Generally a marriage contract is signed between a man and woman who agree on the terms of contract. There exist some cases that in certain conditions the marriage contract which is known as an "unauthorized contract", is arranged by a third party. For instance arranging a contract between minors is one of those cases. Taking fully into consideration the views of the majority of Islamic scholars, if a minor makes a contract and another adult signs along, it remainsvalid and fully enforceable, but it's legal procedure rely on the affirmation of a wife and a husband (when they become majors),both the parties or their legal representative.Regarding the amount of dowry or inheritance as it is set forth in the Holy Quran, upon reaching the age of majority, a minor has to acknowledge the marriage condition by taking an oath.Assuming a marriage contract is arranged by a guardian or a lawyer is still considered an unauthorized contract, but it is valid and the authenticity of this kind of contract is beyond doubt. Hence they do not have to go through the legal procedure of the contract signed only by minors or the third party. The present article is studied on the basis of Islamic scholar's teachings.