نشریه فقه و حقوق خانواده
پیاپی 36 (زمستان 1383)

America’s military attack on Iraq has brought about a change in the way the international community considers the system of general security as well as the reliability and power of the United Nations in managing international crises. This is why the rules of international laws have also lost their credibility. The estimation of the consequences of the attack on Iraq and the continuation of its occupation is still the most outstanding international crisis, analyzed by lawyers and researchers of international relations.The only thing to arise optimism is the common consensus that America has broken the fundamental rules of international laws by attacking Iraq without the permission of the U.N. Security Council. This is considered as a military assault and a crime of war. The United States of America’s act of resorting to force clearly indicates the fact that the country is breaking the rules of international laws and the authorities of the country are exploiting some of the principles of the international laws, such as every nation’s legitimate natural right to defend its country.In abusing the principle of legitimate defense of one’s country, America uses it as a principle sanctioning the attainment of its belligerent goals and interests. Seen in this perspective, the peacekeeping organization, the United Nations, is in a position powerless and unable to act. As the superpower of the world, the government of America tries, by way of legitimizing its authority, to use it as a tool to dominate the world.Obvious to all, there is a distinct difference between the countries of the world as far as their military, technology and economy are concerned. Yet, relying on force and legitimizing its use in solving international problems has only been to the advantage of the powerful states, whereas the countries in weak or average power positions remain defenseless.

A natural feature of a human being is to wish to have descendants to continue his/her generation. As such this is considered as a kind of personal perfection.Today, scientific progress and development make the formation of human and animal embryos possible by ways other than the one known traditionally, i.e. intercourse. Artificial insemination comprises insemination outside the womb, which refers to the production of human beings outwardly, without intercourse, either in accordance or in conflict with religious moral laws. On the other hand, it comprises insemination within the human womb by way of plantation or insemination. Both are current issues that have been brought about by necessity ensued by the development and scientific upheaval of the present era.With respect to this development, the present paper probes into the different forms of fertilization and their status in view of Islamic jurisprudence. It examines and discusses the legitimacy of having a child by way of the interference of a third person as a donor of sperm, an ovum, or a womb, by drawing on the Quranic verses, prophetic Traditions, as well as jurisprudential principles and rules. Finally, it draws a conclusion from the viewpoint of an individual, and his/her personal condition of things, considering also the issue in view of the social and governing system.

Defining the meaning and cause of the application of a judicial divorce, i.e. divorce decreed by the judge, is important in respect to the following items: 1_ The necessity to put the issuance of a decision about a judicial divorce in the form of a court decree. 2_ When the spouse is avoiding fulfilling the court decree on a judicial divorce for a period specified in the law defining the period of the validity of non-compatibility certificates, ratified in 1376. 3_ When the paragraphs a and b, relating to the way of fulfilling the court decree, of the law defining the period of the validity of certificates, issued on the spouses’ impossibility to live in concord, are not taken into consideration.The writer believes that the judicial divorce is a divorce that the judge puts into effect on the authority of the man who is unwilling or unable to fulfill his duties incurred through marriage. Both divorces by the man’s request and those on mutual agreement belong to the framework where certificates stating the lack of any chance of a continued marital life are required. The court interfering in divorces of these kinds is only on the purpose to rectify between the spouses. It is also possible to delay the issuance of divorce by way of judicial procedures. Therefore, they are not considered as judicial divorces, or divorces decreed by the judge.Similarly, a divorce applied by the woman on the power of attorney from the man as a proviso, is not a judicial divorce either on the basis that the role of the judge is only limited to the fulfillment of the conditions and rights given to the woman by way of the power of attorney, notwithstanding that the court’s interference has to be, by its nature, in the form of a court decree.In contrast, in the divorces taken up in articles 1029, 1129 and 1130 of the Iranian civil law, the court obligates the man to a divorce. In case he then opposes, the court carries out the divorce, i.e. the man’s right to divorce given to the woman by way of the power of attorney from him. Such a divorce exemplifies a divorce on the judge’s order.

By nature a human being is attracted by freedom, perfection, adornment and beauty. Since he/she likes the beauty of face, excellent adornments and good clothing, they are always significant for him/her at all arenas of life. Clothing and adornments, the basis of a human being’s beauty, have also been emphasized in the Shari’a law, though it defines certain restrictions for them.The present paper examines the issue of adornments in light of religious thinking drawing on the documentation of jurisprudential sources. It also looks into issues such as the quality of the act of looking, philosophy behind not intending to imitate others, wearing adornments and clothing for the sake of fame, the role of gazing in modesty and vice versa, the social rule of modest look, as well as the type of clothing.It is necessary to study these issues, because a human being always tries to look good and appealing, avoiding everything ugly and unappealing. He/she tries to show himself/herself off good and acceptable to people and make his/her life appropriately beautified. At any rate, by possessing a liking for adornment and beauty, a human being’s conscience aims at revering the greatness and compassion of God, the Possessor of Beauty, who, in the justice and beauty of His creation, is unique.

What the term family planning generally brings into people’s minds is the control and restriction of an increase in population. Both the increase in the world’s population and improved facilities for health care among other things has enforced societies and various organizations to justify and promote the issue in question. However, the bitter reality recently encountered by many of the developed countries is a very drastic decrease in the birth rates in societies – a completely opposite phenomenon. The consequences related to the problem call for the respective authorities to propose appropriate solutions and explanations.Propagating, planning, and reforming the culture around and about the issue of birth control is still going on in a serious fashion in the third world countries. The real question is how to bring the problem to balance avoiding an extreme increase or decrease in birth rates. The present paper attempts at examining the issue from different points of view, especially as birth control is not only considered in its quantitative aspect in religious thinking but it is considered from the perspective that individuals’ moral values as well as their real character emerge from their family’s proportionateness, orderliness, flexibility as well as from true family planning. On this basis it is necessary to carry out a close study of the issue.