نشریه فقه و حقوق خانواده
پیاپی 59 (پاییز و زمستان 1392)

In the light of the Holy Quran the present article attempts at explaining the principle of ease as a fundamental element which governs Islamic legislation and it's place as a method which is based on the element of ease and common goodness in Islamic legislation. It also presents a practical pattern of legislation in the domain of family to modify the family law on the basis of ease which is in consistent with sharia law. Hence after explaining the jurisprudential concept of Islamic ease, it's back ground, as the base of legislation in Islamic countries is reviewed as well. With reference to the basic principle of legislation in Iran since the time of constitutional government up to now and the controversies between the present legislation with the basic principle of Imamieh belief and the position of principle of ease in legislating Iran's family law, we can tell that although legislature has not taken into account a clear principle in legislating family law, still in some cases in order to prevent hardship and malicious damage, certain rules are observed. Laws regarding giving custody to legally qualified parents and marriage license issued to a mature girl without her father's consent and officially recognizing the court of judgment on divorce are examples of this case.

Women's rights alimony as preferred creditor is highlighted in Iranian civil law. In other words women's right on maintenance is given priority over other debts, meaning the wife's claim takes priority over all other debts. It should be noted the above mentioned rights are considered in the first draft of family protection law and more privilege is given to women on this issue. In spite of that it seems the guardian council didn’t take into account women's privileged rights on alimony and considered it unlawfull and against sharia law.Moreover nothing regarding women's right is mentioned in the final text Nevertheless this priority is not only stipulated in all jurisprudential texts, but it is consistent with ethical and philosophical rules. Although nothing regarding women's privileged rights on alimony is mentioned in the new codified law, it still remains in other laws.

One of the disadvantages of increased access to genetic test data is the likelihood of discrimination against people and abusing this data in the field of eugenics What is known as an attempt to limit the defective genetic trait, might in practice become a policy aimed at creating a specific race. This issue has led to the opposition of some people with any kind of coercive eugenics scheme based on genetic information. Therefore, identification and prevention of such abuses are of paramount importance from legal and jurisprudence point of view. On the other hand using genetic information to prevent the birth of a child with a particular disease which would result in hardship for an individual family and society, would have positive effects in order to eradicate such diseases. The present article is an interdisciplinary research which analytically and descriptively indicate the disadvantages of eugenics scheme, and prevention of it's misuse. This paper also aims at studying the eugenic scheme according to accepted principles of Iranian Islamic law and the Islamic human rights declaration (text).

One of the fundamental principles of jurisprudential deduction is wisdom. If Islamic command are not found in holy book and traditions, or there is no consensus, religious perception can be inferred through wisdom. Wisdom is like an inner prophet. In the era of occultation a jurist or a religious leader can render an appropriate sentence (verdict) on the basis of collective and individual criterion. The emerging issues and development in Islamic community infrastructure are some of those criterion. In Quranic context there is nothing about blood money inequality between men and women and generally life is placed for life, Quran (5:45). The verdict regarding unequal sentence is goes back to tradition in prophet's time. It is said that the reason of inequality of blood money was the greater responsibility of the man in economic matters of the family and his position as head of the family. Without any doubt in the modern era, the undeniable presence of women in the work place and production, as well as in urban or rural areas, in science, technology, teaching can not be ignored. So, as their impact on household livelihood and economic value in society which is equal or higher than some men, public interest requires that under special circumstances such as time and change in the nature of cases, the above mentioned inequality be set aside. In a society which is administered by a religious leader, women's blood money inequality can be removed under general warrant.

The present era is named the age of media and communication. The media plays an effectives role on institutionalizing social values in society. One of the important issues raised in the present society as well as in Islam is the qualitative and quantitative growth of population in Muslim countries. Taking into consideration the present situation of our country, the media, particularly the western media seems to feature Islam constantly in a negative light to decrease and reduce the Muslim birth rate. Therefore, clarifying the role and responsibility of Muslim media in promoting awareness and disseminating the growth of birth rate in our country is essential. The prime aim of present article is to clarify the status of the media to publicize the culture of reproduction and to institutionalize the role of the media in Islam.According to Islamic verses and tradition it is obligatory to defend Islam against the enemy. So media are affective means to elevate Islamic values to increase the qualitative and quantitative growth of the Islamic population to spread the Islamic principle in society and elevate Islamic values.

Dowry or marriage portion is a property that a wife owns after marriage and the spouse is obliged to pay to his wife. Since marriage portion rules are not explicitly stipulated in Iranian civil law, the writer article makes an attempt to answer whether a third party other than the husband can be in doubted to undertake the responsibility of paying the dowry. Therefore, in case of divorce if the wife is obliged to pay the dowry back, to whom should it be paid? The husband or the third party. The third party's obligation to pay dowry can be one of the stipulations in a marriage contract or a separate agreement is to be signed, but undoubtedly consent of both couples and the third party is necessary. The present research shows that in some cases after a divorce the wife is charged with the duty to pay half of or all of the dowry to the third party, because it was the third party who had paid the dowry in the first place to relinquish the claim, not to hold the possession of it. Since after a divorce half of the waived right is to be restituted, it must be given back to the person who had paid the dowry.

Jihad "struggle" is a sacred and a holy war of fighting and combat in the name of Allah. The struggle for jihad in Islam is originally intended to save man's life and safeguard their rights. The Quran has mentioned the virtues of jihad and has promised great rewards for fighters of the Holy War. Without any doubt, Jihad is not obligatory for women in jurisprudence, but what is expected of women is primary Jihad. One of the important issues raised in today's society, regarding defensive jihad is women's role in protecting the sanctuary of religion and Islamic values so as to achieve all the virtues man acquires through Jihad. As the economic activity of women has always been a part of women's life, their role in financial support is an important issue according to women's employment and their economic independence rights in Islam. It should be noted that women's role in protecting and safeguarding the family foundation is of vital importance and women's employment should not be a cause for the collapse of this foundation. With reference to verses and traditions as well as religious books and statuary law the present article studies women's role in holy war and economic war (jihad).