The woman needs to have a child according to the type of physical and spiritual creation. In the case of a woman''s childbirth, the only legitimate way to marry and the only possible way is to agree with the couple. If the couple for any reason opposes the adoption of a wife, the only way to work and support a judge from a woman who has referred to a court of childbearing is to testify to the impossibility of compromise on the condition that the child suffers from the lack of childbearing. This is also true of the implication of Shari''a''s doctrines, such as narratives indicating the dismissal without the consent of the wife and the implications of the spirit governing the laws of Iran, such as paragraph 10 of the terms of the marriage contract, the married mother''s right. Investigations in genuine jurisprudential sources and the analysis of judges and legal doctrines show the conclusion that the couple''s obligation to not prevent childbearing in some cases and conditions of legitimacy. The requirement for the consent of the wife to prevent childbearing, non-permanent dismissal, non-sterilization is one of the issues among the jurisprudents. On the other hand, with regard to the possibility of the mother being married without interference and using methods such as artificial insemination, third-party participation, etc., it may be necessary to agree to some of these methods as an alternative to divorce and in the direction Conflict of family principles, jurisprudential review – legal]]>
p. 7−27
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p. 29−49
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First paragraph of fifth article in Islamic statement about human right (1990) to explain family as base of community and marriage is foundation for it, therefor men and women have right of marriage without any limitation based of descent or color or racial that cannot limit their rights. This rule means freedom in marriage with little different state in article sixteenth of world statement human rights (1948) and article twelfth of European convention on human rights (1953) and article tenth international promising of economic and social and cultural rights (1966). Accomplished study, with a descriptive-analytic method based on first paragraph of Islamic bill and interpretation by twenty fifth that same with to point juridical and legal sources of Islam to prove maximum securing about freedom in marriage based Islamic bill. One of the important results in present study, to unify freedom in marriage point of view human right documents according to some interpretation that state from it.]]>
p. 51−68
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p. 69−88
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The Arrangement Divorce is a comparatively new institution in family law, in which the couples agree to divorce and resolve all financial affairs and matters relating to common children and go to the family court. Divorce is a form that, in particular, in terms of differences in works, plays an important role in the relations between the parties, so the nature of the divorce is of particular importance. This research, which is carried out with qualitative method and with reference to Jurisprudence and legal documents, seeks to clarify the nature of the agreement divorce. About the agreement divorce, what is certain is the suspension of the arbitrariness of the wife by the judge, in which case the “Ba’en’” Divorce, and otherwise “Rejee” divorce, even if there is a “Fedya”.So the judge must accept the wife''s abstinence from the husband or the continuation of life, and then, issue the certification of the impossibility of compromise. Considering that the husband and wife''s abusive behavior is effective in the nature and nature of the divorce, it is desirable that respectable judges pay attention to this issue and it is suggested that a comprehensive procedure be put in place in this regard; The wife''s dislike of the couple or couples from each other, an agreed divorce is recorded from the reciprocal type in order to remain in the right of the couple in accordance with the Islamic law. This right of return, in cases of a couple return, prevents the hasty collapse of life.]]>
p. 89−106
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p. 107−122
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