نشریه فقه و حقوق خانواده
پیاپی 26-27 (تابستان و پاییز 1381)

On the one hand, the Islamic criminal law has undergone extrareligious criticisms emanating from philosophical and legal attitudes of individualism. The Islamic criminal law has been under severe criticisms more than other branches of Islamic jurisprudence since it is closely linked with the rights and freedoms of individual. On the other hand, this law requires deep legal considerations to pave the way for derivation of formulas guaranteeing the rights and freedoms of individual within the domination and outhority of the Islamic system and the exigencies of collective life. However, the philosophical and theological foundations of the Islamic legal school are different from those of other legal schools. Derivation of these formulas calls for deep considerations of administrative jurisprudence with regard to punishments, emphasis on the purposes and goals of the divine law, and the interests relevant to the Islamic system.On of these formulas is that of “the life of a Muslim is not to be lost without compensation” wich is however neglected due to the lack of attitudes emenating from administrative jurisprudence, negligence of purposes of divine law, and failure to consider historical as well as sociological backgrounds of the time it was first declared.The present article deals with a survey and derivation of this legal formula, gathering facts and evidence, and clarifying. its meaning and domain. One of the features of this formula is that it is not a peculiar Islamic one with which the divine law - maker has willed to favor Muslims. However, this formula denotes the natural rights of individual and the right to live in the Islamic society. It also regards protection of the same right a binding obligation of the Islamic government.

Adebt may arise not only from economic relations among people, but also from committing a crime. Sometimes convictions of a pecuniary nature are classified as penalties and the state as a creditor has the duty to take measures to recover it. Still on other occasions, they are of a civil nature and are classified on the ground of what has caused them, either as a committed crime or a solely civil relation. The law of the year 1351/1973 on the way of putting decisions of a pecuniary nature into effect stipulated the arrest of the debtor in each of the three above-mentioned debt cases. However, in 1352/1974 a law not allowing the arrest of people guilty of unfulfilled pecuniary obligations and agreements was passed. It forbids the arrest of a debtor whose case is not classified as a pecuniary punishment implying the allowance of the arrest in verdicts of a legal nature. Subsequently, the arrest of a debtor whose pecuniary conviction originates from a committed crime, and also obligating him the liability for damages, became first defined in article 139 of the law of discretionary punishment of 1362/1984. Later, it became confirmed in article 696 of the Islamic punishment law of 1370/1992.Still, the arrest of a debtor, whose debt case was classified as solely civil, was forbidden by the law of 1352/1974, and the only way of recovering the debt was to confiscate and sell his properties barring those not liable to distraint for debt.Considering debt cases in another way, the Iranian legislator decided in 1377/1999, after many years of practicing the law forbidding an arrest, that a failure to pay back a debt classified as solely civil, should be considered a crime imposing the arrest of the debtor as punishment until repayment of the debt or the time when the debtor has proved himself insolvent.

One of the most important issues of the modern era is putting the natural as well as legal status of women into consideration and protecting their rights. It has become a world-wide issue raising innumerable views and a subject very seriously considered in international circles since 1960s. Furthermore, it has called, in different forms, the attention of politicians and various political and social institutions in all countries. Simultaneous with the advent of the Islamic Revolution and the collapse of the secular ideologies in the late 1970s, as well as the launch of sublime objectives based on religious laws in a political system and the foundation of an Islamic state by Imam Khomeini, the world suddenly directed its attention for various reasons onto Iran, and the problems facing Iranian women. What, thus, happened after the end of the imposed war was that various groups of people outside and even inside Iran claiming to be supporters of women’s rights began analyzing and criticizing the status of women in Iran. In turn, this made Iranian thinkers and lawyers start to evaluate and solve the problems of women based on justice and proporti onment, avoding extreme positions, eclecticism, and bigotry. The present article aims mainly at formulating women’s problems and presenting solutions based on a realistic, developmental approach emanating from humanitarian and Islamic values inspired from dynamic jurisprudence. It attempts to present the clear models found in rich Islamic culture and national independence far from any ambiguity, eclecticism, bigotry, and deviation from Islamic precepts.

Damages and serious injuries caused by traffic accidents are increasing day by day. Therefore, it is perceived that there is a pressing need for concrete and specific laws on how to compensate for the loss most appropriately.In accordance with the 1347/1968 insurance law, the owner of a land vehicle is obligated to have insurance to take the responsibility to compensate for damages caused by traffic accidents. Consequently, the owner of the vehicle is, in principle, responsible for the damages caused by traffic accidents unless he/she proves the existence of a factor that separates the owner from direct responsibility towards injuries. According to the same law, the injured party need not prove the guilt of the owner of the vehicle. Furthermore, other provisions under the Islamic punishment law of Iran, related to the compensation for injuries caused by traffic accidents, exclusively take the driver into consideration, finding him responsible for compensation on the basis of the type of the vehicle.Ultimately, the responsibility of the driver of a motor vehicle can affect the responsibility of the vehicle owner.The present article analyzes the responsibility of the motor vehicle owner to compensate for damages caused by traffic accidents in accordance with the law of Iran. It also conducts a concise comparative study of the law of France, Egypt, and the common law in this respect.

The Islamic Revolution of Iran turned out to be the origin of a full-scale revolution throughout the world, inasmuch as it has had strong effects on attitudes and behaviors.This is why the west, recognizing the capacities of the Islamic Revolution, and especially when considering the possibility that Islamic civilization would in the future become the dominant civilization, struggles by all means to hinder both the growth of the Revolution and conversion to Islam, which has been termed by western politicians as the threat of Islamic fundamentalism.One of the things that the West takes advantage of in order to achieve its sinister goals, is raising the issue of “women’s rights in Islam” under the titles of defending women’s rights. Equality of women’s rights with those of men, reviving the image of the woman as a downtrodden personality. Establishing a feminist attitude, it also denies any essential characteristics to sex. Thus, issues like Islamic covering, family relations, and child care are presented as chains that confine a Muslim woman. On the contrary, substituting laboratory tube baby breeding for natural childbirth is seen as a key solution to women’s problems.On the other hand, Muslim writers and lecturers are busy depicting in their articles and speeches the real image of a Muslim woman, trying to free her from the false propaganda. This article will analyze some of the biased ways of thinking that are continuously spread by means of publications and advertising centers in the world. It will give an account of the view of Islam with regard to natural and legal position of women.