نشریه فقه و حقوق خانواده
پیاپی 52 (بهار و تابستان 1389)

Privacy is defined as the unwillingness to reveal beliefs, feelings, opinions and behavior on the part of family members.Everyone wants their privacy to be respected and have the right to be alone, to withhold private information, to sexual privacy, privacy of communication and personalprivacy. This article presents logical, instinctive and traditional reasoning in order to prove privacy policy in family links. On the basis of Quranic verses, tradition and jurisprudence, it appears that observance of privacy is necessary. Therefore, with reference to Iranian legalsupport on privacy, it is necessary to distinguish between legal and verbal obligations and to suggest spiritual and material rewards as well as punishments.

One of the philosophies of marriage in different religions is continuation of offspring. The important factor in marriage is mutual consent between the couple and the legitimacy ofmarriage with non-Muslims. In this article, the writer tries to identify the principle and authentication of marriage of a Muslim woman or a man with a non - Muslim on the basis of Quranic verses and Islamic traditions.From the theological point of view, if a man begets children out of marriage with a Muslim woman, the man has to treat them as his own children and they must be recognized as his own. However, if a man marries a non - Muslim, the child must be attributed to his true faith. (WHAT DOES THIS MEAN? ISLAM?)From the Islamic point of view, temporary marriage with a non - Muslim woman is permitted, but lawful marriage with a non - Muslim is legally prohibited. Islam does not actually recognize the marriage rules of non - Muslims as having a bearing on Muslims, while the marriage of a Muslim woman with a non - Muslim is in general prohibited and not legally recognised.Because a child s upbringing is the mother s responsibility, a non - Muslim man may force his wife to convert to his religion, which may subsequently lead to the domination of non Muslims over Muslims.In this article, the view of theologians and public opinion on the legitimacy of above-mentioned types of marriage are extensively studied.

Children support is one of the prime duties of the Attorney General (AG). Many cases in family law are clearly identified and understood, but in others legal professionals provide no help. In some cases, an AG protects the child under constitutional protection and isobliged to observe guardianship issues on behalf of parents and dismiss a natural guardian who has not been honest in the financial affairs of a minor. In spite of all constitutional laws, an AG cannot exercise his power. Since the plaintiffs are mostly the parents and legal guardians of a child, offering the guardianship to them goes against the essence of the philosophy of child support. The writer of the present acticle believes that the AGhas failed to raise constitutional arguments as far as child custody is concerned. Today in most family cases, the AG does not raise a constitutional shield in order to protect child custody. More than in the judicial system, the law regarding child custody needs to be more prominent in executive departments as well as in citizen projects.

In the Iranian legal system, minors and mentally disabled individuals are considered insane and are barred from entering any legal transactions. Due to the profound effect of insanityon the marriage contract and on the dissolution of marriage, family courts have the right to enforce a dissolution through the intervention of elders or close relatives of the demented party to the marriage. However, in some cases no specified decree is in place because of the lack of legal precedent. In such cases where khul’ divorce is initiated by an insane wife, the conditions and the amount of the redemption money (fadiyah) are usually determined by tradition and attitude. The writer of this article proposes that the law be amended in the light of religious edicts (fatwas) in order to provide for suchdoubtful cases and prevent wrong decisions. The law-maker should formulate a marriage dissolution law on which the court may base a decision before the judge issues its verdict on the basis of legal documents.

In the definition of spouses’ rights, common law is considered as an effective factor. Clarification of such rights may help the strengthening of family foundations,while the lack of clarification may be an adverse factor in the establishment of family life. Hence, disregard for the role of common law in the definition of spouses’ rightsoften creates fundamental challenges and problems in society. The term common law (‘urf) in the Holy Quran mostly relates to family rights and regulation of relationsbetween spouses. Prophetic and imamic traditions (ahadith??) also place emphasis on family rights. With regard to public opinion, verbal and logical reasoning, the position of common law is clear in spouses’ rights. This is why in judicial procedure of family rights the issue of custom or common law is considered fundamental. In this article, the role of common law in financial and nonfinancial issues of family and spouses’ rights is extensively studied. Specification of the role of common law in this regard may create basic changes in legal issues of family rights, which subsequently may lead to great changes in legal issues that have to be considered by legislature.

The parental relationship of a cloned baby is considered fundamental in human rights.The considerable advance in cloning technology has led to many problems and complicated issues, and has raised many questions.The present article aims to determine who would be liable for child support and analyses comparative studies of a cloned baby produced by biological parents and the reproduction of a cloned baby from one single parent.Moreover, the question regarding cloning in the framework of marriage or out of wedlock is also proposed. Each hypothesis or assumption results in various conclusions that the writer studies on the basis of Shi a and Sunni points of view. These has been criticismon the view point of some Imamieh Jurisprudence who believe a cloned baby does not have the right to have a legal father because he/she is not produced as a result ofsexual intercourse. They also believe it is not logical to name the cloned baby as illegal. Consequently a child is liable to have the support of even a single parent andenjoy the legal rights.

owadays abortion is a controversial issue all over the world. The Islamic view on abortion is based on a profound rule in Islam. There is a broad acceptance in the major Islamic schools of thought on the permissibility of abortion when there is a serious reason or justifiable excuse for it, such as a threat to the mother’s life, or in other words if her life is in danger. Therefore, a mother should not be made to suffer because of her child.Furthermore, abortion is justified in cases of rape when a woman’s reputation is under threat. In order for an abortion to be carried out, legal permission is of vital importance. This article studies the views of Shi’a and Sunni theologians on grounds for actual legal approval for abortion, its various cases and its consequences. Despite the fact that abortion is strictly forbidden in Islam, abortion is allowed where acceptable excuses, strongreasons and evidence are present.