Confidentiality in the Document of Laboratory Children’s Identity
Sayyed ali
Alavi ghazvini
* Associate Professor of Law at Tehran University
author
text
article
2019
per
Identity documents are among the most important official documents in specifying identity and recognizing the characteristics of natural persons. Surname plays a significant role in in introducing the audit natural persons, because, based on legal regulations, family name is patrilineai-based. So these documents can be used as evidence in legal claims dealing with lineage. Then correct formulation of these documents and their consistency with reality has a direct influence on documents’ owners and third parties. With the emergence and development of modern technology and using the fertility equipments, there arise different questions concerning various legal issues such as identity doumennts of children born by embryo donation. Most Western countries tend to use unknown donation of the fetus (confidentiality) and some use known donation. The present paper is to find, by studying the reseans of unknown donation of the fetus, the answer for this questiopn, whether donating unknown fetus is consistent with the regulations and rules of jurisprudence and law or not. If not, what should be done to solve this dilemma.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
1
v.
2
no.
2019
7
28
https://zan-khanevade.urd.ac.ir/article_82349_965216bb3e3bd86e18a77e0636f167c2.pdf
Imamiyah Jurisprudential potentialities and updating Family Jurisprudence
Farajollah
Hedayatnia
Assistant. Department of Jurisprudence and Law. Research center of Culture and Islamic Thought,
author
text
article
2019
per
General principles of Islamic jurisprudence and criteria of ambivalent injunctions help Ahl ul bayt jurisprudence to expand and develop. Great jurists, utilizing the capabilities of each of these subjects, have tried to explain the unprecednted subjects or novel needs and make Ahl ul bayt jurisprudence to remain up to date. New matters of family jurisprudence have also been updated by usinng these capacities. The result of these efforts has been the qualitative and quantitative development of family jurisprudence, then there are few matters that are not specified in jurisprudence. The present paper tries both to explain the capability of Shiite jurisprudence in being modernized and its responding to novel requirements, and to specify the family law changes and its updating.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
1
v.
2
no.
2019
29
51
https://zan-khanevade.urd.ac.ir/article_82353_f34c62e1015376b9504f37b384bd8958.pdf
Counteracting the process of secularization in Iran Emphasizing the capacities of the family institution
Hossein
Bostan
Member of faculty, Department of Sociology, Department of Research and University,
author
text
article
2019
per
The issue of secularization is one of the most important issues of contemporary societies, including the Iranian community, which has attracted considerable attention from sociologists of religion. However, approaches to this issue are generally descriptive and explanatory approaches, and hardly any interventional ones can be identified in this field. This article, with an interventional approach and with regard to the foundations and skills of policy-making, has attempted to analyze the capacities of the family institution in counteracting the process of secularization in Iran. To this end, based on a comparison between the factors of secularization and family functions and after determining the six goals of expansion and consolidation of the marriage tradition in society, improving the sexual relations of the spouses, improving the spouses' emotional relationships, empowering the families to fulfil their supporting functions, reforming the culturalization model in the family and becoming more effective the controlling mechanisms of the family, this paper discusses the policy strategies to counteract secularization through the seven parts of education, counseling, treatment, support, culture creation, legislation and supervision.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
1
v.
2
no.
2019
53
81
https://zan-khanevade.urd.ac.ir/article_82354_3209564046234bd644dd5839d39eab7a.pdf
Jurisprudential Legal Investigation of the Conditions of Exercise of the Right to Women's Detention in Marriage Contract
Mohammad
Nozari Ferdowsiyah
Assistant Professor of Jurisprudence and Islamic Law of Qom University
author
Mohammad Mehdi
Abbas Hamid
M.A student Jurisprudence and Islamic Law of Qom University
author
text
article
2019
per
One of the effects of dividing the contract into a covenant is the possibility of refusing to perform a commitment before the other party fulfills the obligation in the covenant of the so-called "right of imprisonment". Most of the jurisprudents of the Imamiyah and other sects have recognized this right. The application of the wife's right to enter a marriage contract depends on such things as a miracle or the fact that the marriage is committed, the lack of consent of the wife and the married couple, or the married couple.Of course, there is no consensus among the jurists on this issue, the famous jurists regard the survival of the wife's right to imprisonment, subject to certain non-compliance, the miraculous nature of the marriage and the fact that they are married.It seems that the cessation of the right of imprisonment for a wife is conditional on full compliance, and the validity of the seal and the absence of a couple does not play a role in the survival or fall of this right.The law of the right of imprisonment is ambiguous. This research has been conducted in a library-based way and is analytical.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
1
v.
2
no.
2019
83
109
https://zan-khanevade.urd.ac.ir/article_82355_a4828f55d2fd9d9368e4005521e046e2.pdf
Sleeping in bed And its challenges in Jurisprudence of Imamie
Leila
Samani
Assistant Professor, Women Research Center, Al- Zahra University
author
text
article
2019
per
One of the factors of couples' emotional divorce is their inability to be together. One of the most important places that couples have the opportunity to be together and natural sciences and psychology have pointed to its important effects, is bed and in sleeping time. In Imamiyeh jurisprudence, “bed fellowship " has been considered in accordance with verse 34 of Surah Nesa. Therefore, although a group of jurists consider the absolute necessity of a marriage contract, and some other groups considers it as compulsory in two situations, being polygamous and being together in the bed, some believe that bed fellowship has absolute necessity when having being contracted. This research, using descriptive-analytical method and a documentary library one, examines the nature of the bed fellowship and its related issues in the Imamiyah jurisprudence. Then by explaining its mandate and documents, especially with regard to the wife, and examining the points of disagreement, it will present a legal solution for the consolidation of the family.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
1
v.
2
no.
2019
111
136
https://zan-khanevade.urd.ac.ir/article_82350_0b2fe8e7d9722bfa7e435b3b9742c381.pdf
Gender and Merit: Criticizing Talking with Women in Traditions (Hadiths)
zohreh
rajabian
* Assistant Professor. Women and Family Research Center
author
text
article
2019
per
In some hadiths, it is narrated that talking with women may cause dejection. Since the apparent perception of such traditions may imply the subjugated status of women, examining such hadiths is of vital importance. The present study, after examining the texts and documents of these kind of traditions, and considering the fact that numerous narrations may enhance the possibility of quoting the tradition, came to this conclusion that some quotations of this hadith contain sound documents. Inspecting the evidence and indications of the text, including studying the use of the word combination” al- hadith ma’a al- nesa”, ‘talking with women’, or “mohadetha al- nesa”, ‘conversation with women’, indicates that this expression refers to the imprudence of the relationship between Mahram, “close relative”, and Non- mahram, “non close relative”, and verbal communication of men with strange women. Other terms are also used to convey this meaning. Therefore, these kinds of traditions are to warn the vulnerability of men while talking and communicating with strange women, and is narrated to point to the negative influence on their moral and spiritual aspects; so “al-nesa” does not refer to mahram women. Moreover, the meanings of some hadiths are inadvertently altered; yet, their correct quotations can be obtained through contextual evidence.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
1
v.
2
no.
2019
137
153
https://zan-khanevade.urd.ac.ir/article_82356_692dbb74334db07395bdb5f812467982.pdf
The Effect of Rule of Distress and Constriction Negation on Men’s Preference in the Family Based on Shi’ite Jurisprudence and laws of Islamic Republic of Iran
seyedmousa
mousavi
PhD Candidate. Faculty of Women’s Studies. University of Religions and Denominations,
author
Mohsen
Malek Afzali Ardakani
Associate Professor of Al-Mostafa Human Rights group
author
text
article
2019
per
The rule of distress and constriction negation is among the oft-used rules that is manifested in different areas of jurisprudence and law. One of the uses of this rule is in family jurisprudence, specifically in restricting the wardenship and preference of the husband over the family. According to the findings of the present study, that is obtained through analysis and description of the jurisprudents’ terms and the laws of Islamic Republic of Iran, preference means managing the husband’s rights, and in return, duties and responsibilities are specified for wife which are considered as the symbols of the man’s preference. The most important ones are as follow: the necessity of husband’s permission in woman’s going out in cases that is against the husband’s taking advantage of her; the necessity of obeying and submitting to the husband based on common law, and the need of complying women with her husband’s decision in determining the place of residence. On the other hand, the rule of distress negation, through presuppositions such as being personal and actual distress, restricts the superiority and preference of men in some cases. The present study, after considering some topics in the rule of distress and constriction negation, whether it be a typical or personal as well as situational or actual, explains how this rule constricts the preference of the man in the above-mentioned cases based on Shi’ite Jurisprudence and laws of Islamic Republic of Iran.
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
1
v.
2
no.
2019
155
172
https://zan-khanevade.urd.ac.ir/article_107144_0b277056d50dc27d53934e1444f6ec51.pdf
The Complete version of this issue and its cover pages
text
article
2019
per
Jurisprudential - legal studies of woman and family
University of religions and Denominations
2676-3036
1
v.
2
no.
2019
1
192
https://zan-khanevade.urd.ac.ir/article_82372_236b7f8f7ee6d965afba733e66b0d383.pdf