نشریه فقه و حقوق خانواده
پیاپی 41-42 (بهار و تابستان 1385)

The most superior characteristic in the system of Jafari Jurisprudence is the strong belief in perfection and the leadership of the Imams. This characteristic has given Shiite jurisprudence a special consistency and stability along with dynamism and skill in order to walk through time.According to the Holy Koran and the house of the Holy Prophet (PBUH) which are far from corruption and sinfulness.If you review history and the brilliance of the history in ancient times and the Alavi righteousness which was guiding humanity and the stability during the absence of Imam Mehdi and until his reappearance.This trait in Shiite jurisprudence is completely taken from the Shiite political thought and their belief in Imamat and leadership of the perfect man. We see the result is that they believe and follow the infallables.Shiite thought of perfectionism from the beginning was founded on the belief that a perfect law requires the presence of a perfect man to safeguard it. So no one except a righteous and purified man, who is far from carnal and satanic desires, extract the truth of revelation from the core of verses on the basis of his purity and chastity, to teach the truth to the people.In this article the position of leadership of Imamat in Jafari thought and on the basis of the structure of jurisprudence and also its effects of the setting of legislation is studied.

In the first part of this article the judiciary system of Islam and the history of jurisprudence on the gender of being a judge were studied. In this part the reasoning of the opposition of women adjudications is analyzed. At the end we have provided enough valid documents showing why at this time women are illegible to be judges.

Issues concerning human and citizens rights are being given deep thought by thinkers and authorities of legal schools in the present world.Regarding the teachings of divine religions, their effective role in the formation and development of human rights are of vital importance. As man’s nature is the source of human rights, the creator of mankind knows man’s nature best. Therefore Islamic laws differ from man made laws.In this article the rights of the citizens of a society which are called human and citizens rights are studied from Imam Ali’s point of view.Although the researcher has studied some other sources but the most important source is Nahjul Balagheh..In the time of the great Imam Ali in spite of all difficulties he was able to observe all rights of citizens and a t that level lives had to be sacrificed depending on time and the situation.

The marriage portion is considered as the due and special rights of the wife and plays a considerable role in the couples relationship.Nowadays due to the set portion in the marriage contract which is usually a large amount, irrespective of the spouses financial position or ability has caused many social and family problems to rise.And sometimes women abuse these special rights.It’s very important to know whether the financial ability of the man in setting the marriage portion should be a condition. So, what can be done in this situation in order to protect or safeguard the women’s rights and at the same time does not put a hardship on the man.In this article according to article 348 the writer is trying to prove that the ability of the husband to pay should be taken into consideration in order to make it valid.Although the criteria of being able to pay in different kinds of marriage portions is valid, but the verdict regarding the ability of the spouse to pay the marriage portion is of great importance as a condition in the marriage portion. The negation of this condition is a mere fraud.Unless in cases that the legislator,has accepted the negation.Now it seems to have a fixed amount and the approval of the ability of the spouse to pay for the marriage portion,can safeguard both the women’s rights and at the same time the men will not face any social problems.