Investigating the Effect of Women's Gender in the Punishment of Exile from the Perspective of Jurisprudence and Iranian Approved Rights
javad
habibitabar
Associate Professor, Department of Jurisprudence and Judicial Law, Al-Mustafa International University, Qom, Iran
author
Azam
khoshsūrat
Assistant Professor, Department of Women and Family Studies, University of Religions and Denominations, Qom, Iran.
author
javad
khosravi
PhD Student in Women's Studies, University of Religions and Denominations, Qom, Iran,
author
text
article
2019
per
What is realized in the punishment of crimes, both Ḥaddī and Non- Ḥaddī, does not refer to gender, and the type of the crime can be raised regardless of the sex of the offender. However, after pondering over the jurisprudential texts and the Iranian approved rights in the punishment of exile, gender differences can be seen in the amount of punishment and also the way it is applied, which is the place of reflection and analysis of this article .From the perspective of jurisprudence and law, the general rule is based on the fact that women's gender has no effect on the proving arguments and their criminal responsibility, and does not inherently reduce or intensify this type of responsibility in legislation and punishment. Therefore, women are equal to men in criminal punishment; but in the case of punishments such as exile, gender can have an impact and there is a difference between men and women. The legislature, taking into account the gender of men or women in a specific or common crime, has determined the amount and quantity of punishment at the time of enactment, which is further and more severe for one sex, and milder and less for another. In this study, the effect of women's gender in the punishment of exile has been investigated, and the discounts and differences in regulations and punishments between men and women have been discussed separately.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
2
v.
3
no.
2019
7
27
https://zan-khanevade.urd.ac.ir/article_119201_f0eeeb1108b24fdd3106a4921b228aab.pdf
Criteria of Privacy in Imami Jurisprudence and Iranian Constitutional Law: Adaptation to Private Car
Ali
Almasi
Assistant Professor, Department of Islamic Studies, Alborz University of Medical Sciences, Karaj, Iran .
author
Marziyeh
Mohammadiyan Shirmard
PhD Student in Women's Studies, University of Religions and Denominations, Qom, Iran.
author
text
article
2019
per
The term Ḥarīm is applied to a place that must be protected and defended and no one has the right to invade it. On the other hand, a private car is also a property. Therefore, the owner of a personal car or someone authorized by him is allowed to take possession of his property. Most jurists allow only practical possession and consider some characteristics in the property or owner or the type of possession as an obstacle to the possession of property. Furthermore, since privacy is a part of a person's life that is determined and respected by law or custom, the same law can and is permitted to limit it if one's privacy disturbs another's security and comfort. Thus, although a personal car has the characteristics of property and privacy applies to it, not all the rights and freedoms of individuals are absolute and unconditional, and what is enshrined in law or custom that affirms privacy also restricts it.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
2
v.
3
no.
2019
29
52
https://zan-khanevade.urd.ac.ir/article_119203_4462df47bf0e4951a38b14c9c7a69323.pdf
Wife Disgust; Factors, Consequences and Solutions
Ali
Muḥammadī Jūr Kūye
Assistant Professor, Department of Jurisprudence and Law, Research Institute of Islamic Culture and Thought, Qom, Iran.
author
text
article
2019
per
One of the most dangerous harms to the fundamental and sacred institution of the family is the hatred and disgust of the wife, which has very undesirable consequences and a very destructive role towards this institution. The present article seeks to study the causes of this damage and its consequences and strategies to prevent it, using Islamic sources through content analysis and text interpretation and also benefiting from field research through investigation and data analysis. According to the findings of this study, forced marriage, husband violence and sexual dissatisfaction are among the causes of disgust and hatred of the wife that have consequences such as sexual crimes and spousal violence. Islamic criminal policy in order to prevent such crimes in the family includes strategies such as establishing the family on a solid foundation and strengthening its foundation before hatred and disgust in the wife, as well as considering legal and cultural solutions after the emergence of them in her.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
2
v.
3
no.
2019
53
76
https://zan-khanevade.urd.ac.ir/article_119205_ac83208faba06373a5e7705aa02c3aa6.pdf
Investigating Gender Justice and Its Impact on Women's Employment
Ebrahim
qasemi
PhD Graduate in Comparative Studies of Islamic Denominations, University of Religions and Denominations, Qom, Iran
author
Roqaye
Jamalou
Master’s Graduate in Women Studies, University of Religions and Denominations, Qom, Iran
author
text
article
2019
per
This study explores the views on gender justice and shows how consideration of the differences between women and men has an impact on women's employment. The concept of gender justice seeks to define justice between women and men in terms of situations and circumstances, and the different talents and responsibilities of men and women. The realization of justice depends on considering the situations and circumstances as well as the differences in the allocation of facilities, however, some believe only in gender equality. The purpose of this article is to answer two questions: First, is it possible to judge completely fairly and equally between people regardless of differences? Second, what is the impact of women's employment on life? In this paper, the following issues will be discussed: the concepts of equality, justice and the difference between them, entitlement justice, gender justice, justice from the perspective of law and religions, the distinction of justice from equality, the concept of gender from the viewpoint of psychologists, feminists and Islam, the concept of women's employment status in society, the causes and factors of women's approach to employment, the impact of women's employment on the individual, family and society, the impact of gender justice on women's employment, and finally the strategies in the field of women's and men's employment. The research method is analytical, critical and documentary.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
2
v.
3
no.
2019
77
97
https://zan-khanevade.urd.ac.ir/article_119207_b8ddf368245f8d5288e5e1e38b09fe92.pdf
Explaining the Nature and Effects of Wife Alimony in Islamic Denominations with an International Approach
Muḥammad Jawād
Ḥiydarīyān Dulat Ᾱbādī
Bachelor’s Graduate in Law, University of Isfahan, Isfahan, Iran
author
Rasūl
Maẓāhirī Kūhānistānī
Assistant Professor, Department of Law, University of Isfahan, Isfahan, Iran .
author
text
article
2019
per
In line with international rules and standards that call for family members to be completely independent of each other, Islamic law and jurisprudence (Article 1118) also seek to strengthen family ties with tools. Among these tools and mechanisms is the obligation of alimony for women on men; Islam has attached special importance to giving women financial rights, including alimony. According to verses and hadiths, alimony is obligatory on men. In this regard, except for minor issues such as the cost of treatment, there is a consensus among jurists. Therefore, this right can be claimed and enforced and if a man refuses to pay the alimony, it can be claimed as a legal issue with execution guarantee. In this study, what is examined comparatively using a descriptive analytical approach is the presentation of a clear and obvious model of the effects of alimony payment in the existing Islamic denominations.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
2
v.
3
no.
2019
99
116
https://zan-khanevade.urd.ac.ir/article_119209_2864b95bcfd01c59c4d3fb49524ebbb6.pdf
A Comparative Study of the Condition of Sexual Disobedience of the Wife in Marriage Contract from the Perspective of Islamic Denominations and Its Effect on the Dissolution of Families
arezo
rashidi
PhD Graduate in Jurisprudence and Principles of Islamic Law, Islamic Azad University, Najafabad, Iran
author
Farzad
Parsa
Associate Professor, Department of Shāfiʻī Jurisprudence and Law, University of Kurdistan, Sanandaj, Iran,
author
Muhammad Alī
Hiydarī
دانشیار گروه فقه و مبانی حقوق اسلامی، دانشگاه آزاد، نجفآباد، ایران.
author
text
article
2019
per
Marriage, like other contracts, has different effects, the most fundamental of which is undoubtedly the right to sexual pleasure. Because the requirement of marriage contract is the formation of a family and the establishment of a marital relationship is one of its main consequences. The condition of sexual disobedience negates the apparent and desirable effect of marriage contract and contradicts its customary meaning. This study examines the views of the five denominations in reviewing the condition of sexual disobedience in the marriage contract and considers sexual obedience as a requirement of the nature of the contract and not a requirement of its absoluteness (Iṭlāq). Furthermore, it examines the requirement of the nature of marriage contract and the validity or non-validity of the condition of sexual disobedience from the perspective of Islamic denominations and scrutinizes the opinions of psychologists on the destructive effects of not having a marital relationship on the part of women.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
2
v.
3
no.
2019
117
145
https://zan-khanevade.urd.ac.ir/article_119211_e223458a0a76e2bff930d1d71a2b8bd4.pdf