الهه محسنی

Mahr, or dowry, is a sum of money or other property that a man is obliged to pay to his wife upon marriage. In the Iranian family law system, women, in their role as wives, enjoy certain privileges and rights, the most significant of which are dowry and alimony. Consequently, claims for dowry constitute one of the most common and numerous types of lawsuits in family law. Over the past decade, legislature and judicial authorities have made considerable efforts to change the rules and regulations of dowry. This research aims to evaluate and analyze students' attitudes toward the current and ideal status of dowry, and to use the findings to determine an optimal legislative approach in this area. The research employs a descriptive-survey method, utilizing questionnaires for data collection. The statistical population includes all students from universities in Mashhad, with 327 valid questionnaires analyzed for this purpose. The research findings indicate that, regarding life priorities, the most significant item is “ethics”, followed by “family”. In terms of the reasons and philosophy behind determining the dowry at the time of marriage, as well as its practical function within families, the primary importance is attributed to “financial support for a woman after the dissolution of marriage due to divorce or the death of her husband”. The most important strategies for changing the current status of dowry are identified as “promoting cultural awareness to change societal customs regarding dowry”, followed by “reducing the tendency to set high dowries through legal reforms aimed at increasing women's rights in family relationships”. Therefore, the current approach of legislative and judicial authorities regarding changes to the rules governing dowry (primarily by reducing the enforcement mechanisms for dowry claims) stands in stark contrast to the expected approach of the study's respondents, highlighting a disregard by these institutions for the demands and needs of society.

In recent years, climate changes and the expansion of transportation facilities, have elevated plant pests and diseases outbreak and transmission in natural ecosystems. Codification and implementationof effective laws to combat forest pests and diseases is one ofthe ways to achieve sustainable forest management. Comparative law with an interdisciplinary approach, provides insights to find new legal solutions to cope with emerging challenges, suggest new legal rules, and amend statutory law in specific domains. In this article the laws of forests and rangelandsof Iran, France, Turkey, and South Africa were investigated and provisions related to insects, pests, and diseases were extracted. The provisions were classified into three categories of measures including before, during, and after the outbreak and several pillars emerged in each category. Each pillar was described, compared, explained, and finally evaluated. The findings showed that the following measures have been considered in the laws of countries: Silviculture practices, removal of damaged trees and woody residuals, development of criteria and indicators for sustainable forest management and their continuous monitoring, declaration of outbreak hotspots and contaminated areas as special areas for conservation, collection of harmful organisms and pathogens or their habitats, biological control, and prescribed burning. The results showed that in the studied laws, emphasis is placed on preventing stages of pests and disease outbreaks rather than during and after the outbreaks that remind us prevention is better than cure. These findings provide pillars for amending the national forest and range laws and regulations to combat wild plant insects, pests, and diseases.

Special areas for conservation are the natural sites with valuable natural components which are managed through relevant organizations. Suggesting and establishing these areas, along with the other IUCN common areas designated for ecosystem conservation and protection will strengthen the conservation of ecosystems and their functions. The status of subjects in the Iranian statute law regarding forests and rangelands is often ambiguous or neglected and needs to be updated. In this regard, by using comparative law, the strengths and weaknesses of domestic law can be examined and the necessary amendments can be proposed. This research is a comparative study of forest and rangeland statutes in Iran, France, and South Africa regarding the allocation of areas with special management regimes, outside the common area for protection established by the environmental laws. This comparative study has been conducted in five steps including 1- defining research scopes, 2- Describing, 3- Comparing, 4- Explaining, and 5- Evaluating and proposing suggestions. The results showed that special areas for conservation in Natural Resources Organization (NRO) territory include 1- Natural and biological reserves, 2- Biological heritage and biodiversity, and 3- Sensitive and fragile ecosystems, mainly managed according to conservation measurements. It seems that South Africa has the most suitable legal system in this regard by granting special permissions to the Minister to establish special conservation zones, using scientific advice in determining the minimum area for conservation, considering suggestions and objections, as well as criteria, indicators, and standards for biodiversity conservation. We provide suggestions to amend and update domestic law on this subject and establish special areas for the conservation of NRO management regimes.

Liberty of movement and freedom to choose residence is a fundamental human right that is enshrined in international human rights instruments and the constitutions of many countries. During the last decades, in most legal systems around the world significant changes have taken place in the field of women's rights and freedoms in their family and social relations. One of the manifestations of these developments is related to the conditions and restrictions in the field of women’s travelling abroad. In this paper, using library resources and with a comparative approach, we examine international human rights instruments as well as the regulations of different countries, especially Muslim countries, and their developments over the time regarding the legal conditions for married women to leave their own country. The purpose of this study is to identify the recent developments in the world, especially in Muslim countries vis-à-vis the individual and family rights of women and the position of Iranian law in this regard. To this end, the laws of eleven countries as follows are examined: France, Turkey, Tunisia, Morocco, Algeria, Egypt, Kuwait, Jordan, Saudi Arabia, Afghanistan (prior to Taliban control in 2021) and Iran. This study shows that among the countries studied, only Iranian law stipulates that the right of married women to travel abroad is subject to their husbands' consent. Meanwhile, other countries recognize, with some differences, the freedom and independence of married women in this regard. Nevertheless, various legal solutions are provided in these countries in order to ensure the fulfillment of marital obligations in the case where one spouse travels abroad.

Protecting children at risk is one of the most important issues of child rights under international and regional conventions and domestic laws. The principle accepted in family law is the parent's priority for child custody. However, if the child’s welfare requires, one way of protecting children with unqualified parent(s) is to keep them in a safe environment outside the family by qualified persons or public or private entities and institutions. In this way, the ultimate goal is to restore parental ability, rebuild family relationships and provide the opportunity for the child to return to the family. This study uses library resources, laws, regulations and interviews with experts and professionals of Behzisti (State welfare organization) and judiciary to try to identify different ways of providing administrative and judicial support to orphaned or abandoned children In order to provide effective guardianship and care for them. According to current laws and regulations, in case of guardianless or neglected child, caring for him/her would be in a family setting and otherwise in a residential child care community. In addition to restoring family competence, the independence of the supported child also terminates the intervention of public institutions to support children and adolescents without effective guardian. Undoubtedly, the successful return of the child to the original family requires a gradual and supervised process as well as eliminating the existing family problems.

Posthumous reproduction is referred to as a method of artificial reproduction, which involves the birth of a child through the gamete of a deceased person. This kind of reproduction raises many moral and legal debates and different countries have various legal approaches toward this type of assisted reproduction.

This research uses the comparative method with descriptive-analytical approach to study the law of different countries and to identify various legal techniques regarding the legality of posthumous assisted reproduction and its legal consequences on the family status of the child born by this technology.

In Iran, due to legislative gap in this area and deep disagreement of jurisconsults and jurists, various procedures have emerged in medical centers and several cases have been brought before the courts of justice in this regard resulting to diverse sentences. This paper tries to introduce different legal approaches to this judicial phenomenon using the comparative study of different countries’ legislation. To this purpose, after introducing a comprehensive classification of diverse legislations on the topic, I will study in detail the law in four countries of Iran, France, Greece and United Kingdom. Each of these countries adopts a different approach to posthumous reproduction, providing for a legal ambiguity, complete ban, limited permission, and liberal permission respectively.

Ethical considerations:

 In all stages of writing this paper, the ethical principles of research, especially respect for intellectual property, honesty and confidentiality have been fully observed.

The moral and legal arguments against posthumous reproduction, especially the childchr('39')s best interests, reinforce the theory of the ban. Furthermore, the approval of posthumous reproduction during idda period by some of jurisconsults can be criticized due to the difficulty and delicacy of decision-making and reproduction during the mourning period and shortly after the death of the spouse. However, authorizing this technique by the Iranian legislature requires legal innovation, transparency and clarity regarding the condition of access and its consequences on the legal parenthood and succession right of the child born.

In this research it is attempted to evaluate modern women identities in Mostafa Mostoor effects. With important women identity introduction in Mostoor stories and fiction, the view points of this writer is described about women. Therefore to better understand identities, identity is defined in first chapters and various types of identities are in traduced. During basic chapters, women introduction is provided based on publication year and categorization is done according to coordinates in Mastoor work. Based on chapter statistical findings, woman identity growth in fiction literature and active presence in modern choices are the most important writing result of Mastoor. He created various small and great identities that have simple life without margins but performing analysis, we can point to their complex identities and natures. Al though Mastoor is Muslim and originated from eastern culture in environment with long term wars but he described women and their coordinates as he faces to an world women. Studding first story of his fictions, we can achieve to this result. Comparing to the society that men are dominant, he described women without a thention to enforced ideas by family and med and used letters, thought and reactions for them. The infra feminist view point if Mastoor about women is defined by simple prose and poets in special writing literature of Mastoor that is new narrative of women presence in society.

The value of findings of comparative studies and their efficacy largely depend on research methodology. Because of this, one of the main topics in comparative law is understanding the existing research methods used in the literature. Questions and topics related to research methods in comparative law were raised for the first time in the late 19th century by German lawyers. It was then followed and expanded by researchers in other countries, especially France, Italy and the United States; and along with the development of other sciences, new approaches to comparative law were increasingly developed. In Iran, however, the field has been very limited and largely confined to practical and scattered advices on how to do comparative law research. In this paper, I try to introduce different qualitative and quantitative methods of comparative law research, with the focus on the state-of-the-art methods. I then describe the main steps necessary to comparative law research, existing and potential problems at every stage and ways to deal with them.

Transhumanism is a movement and system of thought that supports the use of technology to enhance the physical and cognitive power of human beings. This research was conducted with the aim of understanding and analyzing the current trend of trans-humanism. This analytical study was conducted purposefully using the sources and works of the transhumanism thinkers of different countries, especially the United States and France. In this regard, the history, beliefs, goals and trends of this flow as well as various criticisms have been analyzed. The movement of transhumanism began seriously in the twentieth century. This intellectual trend is tightly coupled with technological advances, and the aspirations of its followers are shaped by the impact of modern technologies. Transhumanism is an emerging stream with limited followers but diverse, which over time adds to their diversity. The thoughts and beliefs of the transhumanists do have critics of a range of different types. Some critiques point to the essence of the idea of human enhancement and improvement, and others are seeing the risks and consequences of expanding these technologies. This study shows that the extreme and sometimes idealist seeking of technology and enhancement in transhumanist thought is far from human values and alienates man to his nature and the environment around him. Therefore, many opponents' concerns are based on the past and present facts of human life and international community, and ethical and justice based considerations, which some transhumanists emphasize, are difficult to implement in practice and may be impossible.

The surrogacy is one of the artificial reproductive technologies through third party interference, which has raised many legal debates. Studying the law of various countries around the world shows a variety of different legislative approaches in this regard. In this paper, I first categorize legal systems around the world in the field of surrogacy. I then review the laws and regulations of four countries, namely France, Iran, England and Greece, regarding the conditions to access surrogacy as well as its effects on the parenthood of the child born. Each of these countries has adopted a different approach to surrogacy agreements. French legislator has adopted a complete prohibition of surrogacy citing moral problems and protection of the rights of women and children involved in this process. In Iran, despite legal silence, this method of reproduction is widely used given its permission by some high religious authorities and its approval by the courts under particular circumstances. In England, a middle ground approach is chosen: surrogacy agreements are lawful but not enforceable, and a judicial intervention after the birth of the child is required in order to transfer parentage to the intended parents. Greek legislator has allowed these agreements to be concluded and declared them enforceable under certain conditions, by choosing a prior judicial control system for surrogacy agreements. This comparative study allows me to examine various legal mechanisms in detail and the results help us to provide effective suggestions to fill the legal gap in Iran. In my view, the model of ex-ante judicial supervision that is used in Iran for infertility treatment with embryo donation is a good alternative to future provisions regarding reproduction through surrogacy. Please cite this article as: Mohseni E. Surrogacy in Comparative law; with Emphasis on French, Iranian, English and Greek Law. Iran J Med Law 2019; 13(48): 111-136.

Nowadays, with the increase of divorce and consequently remarriage, the legal status of step-parent becomes a core subject in family law debates, especially in western societies. By using library resources and through a comparative approach, this paper studies different ways of transferring of parental powers in general, and review the arguments for and against the legal recognition of step-parent. We then study different provisions that allow the transfer of authority and power to step-parent over the child’s person and property in French and Iranian law during the marriage of legal parent and step-parent. Finally, we provide suggestions to improve Iranian law. This paper argues for the necessity of adding provisions in Iranian law for the voluntary transfer of parental powers to step-parent which could be under the supervision of the judge and in the child’s welfare, especially in the case where step-parent is replaced, deceased, absent or non-qualified.

parents’ authority in support and education of their children should be used only to protect their best interests. Therefore if protection of child’s safety، health or education so requires، this authority may be limited or withdrawn from the parents. In Imami jurisprudence، Iranian law and French law، welfare of the child is the main factor governing the support and education of the child. Each of the three legal systems، therefore، developed its own measures to protect child’s welfare. However، in French law in addition to the protection of children، measures of educational assistance could be judicially ordered to help the parents fulfill their parental authority. In Imami jurisprudence and Iranian law parents may restitute their parental authority if obstacles are eliminated. In French law it is the same except if the child has been placed for adoption before restitution request.

Poverty is one of the most dangerous social phenomena which could threaten economical، political، and cultural life of the nation. Considering that the incidence of poverty in developing countries is widespread and severe، paying lots of attentions seems necessary. On the other hand، corruption is a cause of poverty and it is a barrier for the successful eradication of poverty and may be with prevalence of corruption efforts for reducing the poverty is inconclusive as well as unlikely. The phenomenon of corruption is a persistent obstacle for efforts made by countries in the fields of politics، economy، and society to achieve their desired goals. Studies have shown that corruption exists in all countries، even in many developed countries. But this phenomenon in some developing countries where the structures are weak and vulnerable، is far more harmful; Because It has devastating effects on property rights، regulation and investment incentives and it Could reduce economic growth and thus Poverty expand over time. However، the poverty could be a cause of corruption.. Therefore، this study is set out to investigate the Granger causal relationship between corruption and Poverty. It uses dynamic panel system GMM estimators، focuses on capability poverty by using human poverty index (HPI) since it portrays in a more accurate way the state of poverty، and is based on a sample of 120 developing countries during 1998-2006. the empirical findings suggest that corruption and poverty come together، with causality running in both directions. Poverty is associated with corruption in various ways and although the link between corruption and poverty is often noted، the question of whether a causal relationship between corruption and poverty (based on panel data models) exists or not، has received less attention. In other words، Most of the studies which have investigated the link between corruption and poverty may draw conclusions on causality in the form of models that only show correlation. Thus، the policy recommendation for fighting against poverty and corruption can simply be wrong. All in all، it is necessary to address the integrated strategy to reduce poverty and fight against corruption. In other words، the attempts to reduce poverty must be complemented by serious efforts to reduce corruption.