Contractual Arbitration in Family Law
Farajoolah
Hedaiatnia
Associate Professor, Islamic Institute of Culture and Thought
author
text
article
2020
per
The general policy of the legal system in the Islamic Republic of Iran is encouraging arbitration and institutionalizing it. In the legal system of Iran, arbitration has two functions. In the Civil Procedure Code, it has a contractual basis and is a pseudo-judiciary institution. This institution can go to settle suits alongside with juridical courts. In the Protection of Family Act, however, it is a legal must for divorces on which spouses have not mutually agreed. It is a non-judiciary institution merely aimed to make peace and agreement between spouses. For this reason, contractual arbitration has more capacity to settle suits including family ones. Studies show that, in the Protection of Family Act, arbitration is awfully useless and plays a negligible role in solving family’s problems. Thus, it is better to use contractual arbitration in family law. Through contractual arbitration, spouses become, voluntarily, obliged to settle their problems through an arbitrator on which they have previously agreed and, so, avoid referring to the court. With the contract of arbitration, spouses negate themselves of the right to refer to judiciary courts and, they are not able to file the subject of arbitration in the court unless through an agreement.
Women's Strategic Studies
Women and Family's Socio-Cultural
2008-2827
22
v.
86
no.
2020
7
29
https://www.jwss.ir/article_113727_73e24ad5f820472c90c7fabfd669d2dc.pdf
dx.doi.org/10.22095/jwss.2020.192446.2042
Pathology of Demographic Legislative Policies of the Islamic Republic of Iran and Presentation of Desirable Indicators
Mohammadmahdi
Ghamami
Faculty of Imam Sadegh University
Doctor of Public Law
author
Maryam
Mohajeri
law grOupT imam sadegh univercity
author
Mohammad javad
javid
full proffsor university tehran
author
Mahmud
Hekmatnya
Member of the Faculty of Islamic Culture and Thought Research Institute, Deputy of Ministry of Justice
author
text
article
2020
per
Establishing general laws and regulations on the subject of population in accordancewith demographic conditions and based on the requirements of “general populationpolicies” (2014) is one of the priorities of the Islamic Republic of Iran. Therefore, it isessential for the set of laws and regulations to be modified and updated according toDemographic conditions and characteristics. The appropriate indicators of legislatingpopulation and childbearing policies should be identified in order to achieve the desiredpopulation system. This goal will not be achieved unless Demographic laws and regulationsof the Islamic Republic of Iran’s Government pathologically be reviewed from thebeginning of the Islamic Revolution until now. The necessity of the present research isin this regard that the demographic and childbearing policies are very important in therealization of the government’s development plan and are one of the components ofauthority, national power and the strength of the system. In addition, the government ofthe Islamic Republic of Iran has faced contradictions in adopting demographic policiesand laws which is due to the lack of certain indicators in the legislation of populationpolicies and the inattention to the floating issue of population at different times andplaces. Thus, the authors seek to answer the question in a descriptive and analyticalmanner: “Given the pathology of the legislative system in the field of population,which indicators can meet the goals of population policies?” With the pathology of thecurrent population laws and policies, it will be revealed that the country’s populationsystem has been damaged; therefore, in order to get out of this situation and achieve afavorable demographic system, the government must reduce the legislator’s error rateby considering indicators in legislating demographic policies To be able to achieve itsdemographic goals while the laws are effective and efficient. Among the most importantindicators identified for legislating population policies are public interests, attention toupstream documents and its effectiveness in relevant laws and regulations, regionalismand attention to population quality and focus on the principle of proportionality.
Women's Strategic Studies
Women and Family's Socio-Cultural
2008-2827
22
v.
86
no.
2020
31
58
https://www.jwss.ir/article_113729_2672c92f929d486eee1c61c801643afa.pdf
dx.doi.org/10.22095/jwss.2020.202681.2140
The effect of gender on knowledge
Analysis of Feminist Perspective with Emphasis on Allameh Tabatabai's Theory of Considered Things
Mahdi
Shajarian
Islamic Sciences and Culture Academy
author
text
article
2020
per
Feminists believe that gender is influential in knowledge and cognition, and that various knowledge is formulated by men in accordance with their interests and justifies the oppression of women. On the contrary, critics believe that in this view, firstly, there is a confusion between the criterion of the truth of knowledge and its origin, resulting in a "developmental fallacy" and secondly, it causes "epistemic pluralism". According to this article, the accuracy of Allameh Tabatabai's Theory of Considered Things tools provides a new analysis in this discussion. Based on this analysis, we can talk about the "causal effect" of gender on the level of formation of considered things. Thus, gender does not prove considered things and, contrary to critics' beliefs, is not their "criterion of truth," but it can create them. In the meantime, in order to attain wise considered things, if a person has sufficient prior knowledge of existence, human, and the relationship between the two, and is not confined to a particular gender, he can attain more wise considered things. Thus, neglecting the influence of these previous cognitions is a mistake of the feminist view, not a belief in the influence of gender. In the meantime, believing in basic knowledge can also prevent one from falling into epistemic pluralism. In this article, the two criticisms with emphasis on theory of considered things are examined in detail.
Women's Strategic Studies
Women and Family's Socio-Cultural
2008-2827
22
v.
86
no.
2020
59
77
https://www.jwss.ir/article_113730_9013b66bca431b45bffb87aa0807902f.pdf
dx.doi.org/10.22095/jwss.2020.202762.2142
Reconsideration of Inference of Family Rules According to the Principle of "Family Strength"
Ali akbar
Farahzadi
Department of Islamic Law, University of Judicial Sciences
author
Javad
Ebrahimi
Researcher of Islamic Research Center of Islamic Consultative Assembly
author
text
article
2020
per
Formation, preservation and upbringing of the family at the holy shrine is a popular affair and numerous verses and traditions have emphasized the importance of this holy center. But can family solidarity serve as a basis for discovering religious law? This study considers the importance of family solidarity in the context of the dominant form of family solidarity based on the Holy Quran's approach to the principle of family solidarity; in this way, the principle of solidarity is considered to be one of the fundamental values. There are various arguments to prove that such as transactional reason, rational reason, preservation of human system, rule of law and so on. Finally, the conclusions reached show that this principle as the major destination of Shari'ah in the family domain can be an effective element in the inferences. Come up with the religious orders. Some examples of the influence of family solidarity principles on jurisprudence are outlined.
Women's Strategic Studies
Women and Family's Socio-Cultural
2008-2827
22
v.
86
no.
2020
79
105
https://www.jwss.ir/article_113731_2315a273644daf06df3f46cc911056a0.pdf
dx.doi.org/10.22095/jwss.2020.209282.2176
Pregnant wife's maintenance cost following the marriage dissolution under legal jurisprudence of Iran, Shiite and Sonah Religous Branches
Mahdi
Rahmani
Faculty of Kharazmi University
Research Institute of Philosophy and Comparative Law
author
text
article
2020
per
Under the Islamic Law, sayings and Quranic verses, the husband is obliged to pay the spousal maintenance. Article 1106 of the Iranian Civil Code provides that the husband pays the spousal maintenance under the permanent marriage. This obligation survives when the marriage is dissolved due to divorce , revocation or the death of the husband if the wife is pregnant. According to Verse 6 of the Divorce Syrah (Quran) and Islamic sayings the pregnant divorcee is paid no matter the divorce is revocable or irrevocable. However, the scholars and clergies follow different views on this question whether this cost belongs to the wife herself or her child. The majority of Shiite, Shafei and Hanafieh branches regard it as the the child support. Other Shiite and Hanafieh scholars argue that the cost belongs to the wife .Even, some of these scholarsa believe this cost is a separate maintenance during the death Eddeh. It has been argued that the wife deserves no cost due to this fact that the dead husband is no obligation to pay. On the other hand, it may be asked that if the pregnant receives a part of the pregnancy maintenance cost or not. This research concludes that the wife should be paid the cost as the valid sayings and the "no insolvency and hardship "rule provide so. Keywords: Maintenance, Pregnant Wife, Revocable and Irrevocable Divorce , Death Eddeh
Women's Strategic Studies
Women and Family's Socio-Cultural
2008-2827
22
v.
86
no.
2020
107
124
https://www.jwss.ir/article_113732_4baa745951ac038aa00161f0f34ae802.pdf
dx.doi.org/10.22095/jwss.2020.210074.2183
Advertising Rules and Regulations Regarding Representation of Women in the Commercials of the National Media
Ghodratoallah
Khosow Shahi
Assistant Professor, University of Isfahan
author
Marzeieh
Esmaeili falah
PhD Student in Women’s Studies. Trabiat Modares University
author
text
article
2020
per
the question of representing women in commercials and how to supervise the representation and protection of women's rights and dignity is one of the issues that different stances have taken to it regarding to its cultural, economic and social foundations as well as the attitude to this group. In some cases, this subject oversimplified, and when it comes to legislating, only general matters mentioned. On the other hand, in some cases, the reactions were very rigorous and nonflexible, so that detailed and firm rules ratified.Because in current day far-reaching Encroachment of commercials to all fields is undeniable, neglecting the legal system governing the most frequent and concise media message about women regarding to norm creation and influencing on culture and social values can overshadow favorite function of commercials and by misusing women and representing them in stereotyped forms, is the inducer of the most false faces of women to audiences.This research tries by using library and documentary study method examining and evaluating the rules and regulations regarding the protection of women's status and dignity in commercials and guarantee of implementation of these rules. The obtained results indicate the diversity, repetition and formality of the support provided in the rules and regulations in commercial messages. The lack of effective implementation guarantees should also add to this issue.
Women's Strategic Studies
Women and Family's Socio-Cultural
2008-2827
22
v.
86
no.
2020
125
152
https://www.jwss.ir/article_113733_aa20ed276b78fb54ce9cbd920f7de638.pdf
dx.doi.org/10.22095/jwss.2020.220193.2272
Reciting of the Woman’s Return from her Donation Portion and Release from Obligation at the time of Divorce
Parviz
Bagheri
Associate prof. Law Dep. Ilam University
author
Mehdi
Shabannia Mansour
Assist. Prof of Public law Dep. Islamic Azad University, Central branch, Iran Tehran
author
Abdoljabar
Zargoshnasab
Associate prof. of Jurisprudence and law Dep. Ilam University
author
text
article
2020
per
In case where the woman forgives her portion to the man and the man simultaneously applies for divorce and woman determines to return from her donation portion, regarding this issue that whether the woman has such a right or not, there exists two jurisprudential ideas. The paper legally and jurisprudentially analyses the return of the woman from release obligation of the portion according these two ideas. At the meantime, returning from portion releasing obligation and donation when the portion is identical or debt, has also been scrutinized. Through analytical- descriptive method, the article studies the jurisprudence-legal opinions and answers the questions. Moreover, on the basis of the subjective condition, the findings show that, while the woman has the right to return from donation portion whether identical, debt or acquisition of the debt, but as releasing from obligation is only in the debt, returning from the releasing obligation of the portion is permissible only in the form of acquisition of the debt.
Women's Strategic Studies
Women and Family's Socio-Cultural
2008-2827
22
v.
86
no.
2020
153
172
https://www.jwss.ir/article_113734_5e4521ea492a019690f764e68119669a.pdf
dx.doi.org/10.22095/jwss.2020.221591.2286