فهرست مطالب طوبی شاکری گلپایگانی

In the current era, one of the challenges in the field of Fiqh and law is the issues related to women. Among these chalenges, marriage to a minor wife and its corresponding issues, such as the permissibility or non-permissibility of sexual enjoyment from minor wife, which is of double importance due to the connection with the rights of the child. This essay, through rethinking in reasons, challenging the famous Fiqh theory about the permissibility of sexual enjoyment from minor wife. By addressing Ibahe principle, considered it unfounded and regarding the moral and intellectual obscenity of this action, application of evidence for permissibility of enjoying the wife, considered it the withdrawal from the subject of the minor and believes that it is possible to prevent misunderstandings about the rulings of the Sharia by re-reading it in the epistemological system of religion and paying attention to the goals of the Sharia. Also, some rational principles such as women's freedom, rationality, behaving in honorable manner, and the dominating of rules such as justice, expediency, forbidden of harm, negation of harm, etc., on all the rules of the family sphere, indicate the respect-oriented approach of religion in this regard.

One of the fundamental pillars of social justice within the Islamic framework is the equitable provision of judicial justice, ensuring that all individuals within the community have equal access to legal recourse and are not subjected to any form of gender-based discrimination. The effective guarantee of women's human rights in both individual and social contexts relies on their access to judicial justice. Consequently, there is an anticipation that the Islamic judicial system will serve as a practical model, offering suitable mechanisms to ensure these rights are upheld in the most optimal manner. The conduct of Hazrat Ali is one of the best illustrations of how the Islamic judicial system treats women. This article studied the content of Ali's sayings and practices about the overarching principles guiding women's legal system at various levels using the approach of inductive-deductive text analysis in three stages of description, analysis, and categorization and extracted the fundamental elements of the system of government women's access to judicial justice. The objective of this article is to elucidate the comprehensive notion of judicial justice as outlined by Hazrat Amir. By examining the overarching principles of Amir's rulings concerning women, it is demonstrated that within Alavi's justice system, women are afforded equal treatment without any form of discrimination. Additionally, they enjoy unrestricted access to legal authorities and the freedom to pursue litigation. Consequently, women express contentment with the outcomes resulting from the implementation of true Alavi justice and regard Hazrat Ali as a paramount advocate for their human rights.

The religion of Islam has always attached special importance to women, and in particular, there are many orders from Imams (peace be upon them) regarding women in religious texts and traditions. One of the important social matters today is the position and role of women in the family and society. In Islamic traditions, however, girls and women are mentioned as divine virtues, even though in Islam, God rewards good deeds, and consecrations are questioned by God. By looking through Islamic foundations, one may understand what a high position women had and still have in Islamic thought; however, it is the opposite in the West and the "Woman, Life, Freedom" slogan. Accordingly, the greater the commitment to Islam and Islamic life, the higher the continuity of life. On the contrary, the lower the commitment to Islam, the lower the mental peace and comfort of the person in the living environment and society. Moreover, the collapse of the Western system is based on unlimited freedom. This paper applies a diverse methodology to refer to written documents, computer systems, scientific software, and a descriptive and analytical data processing method. Furthermore, by referring to religious sources, the paper aims to study the role of women in the Woman, Life, Freedom" slogan "in Islam and the West. The results are that referring to the Qur'an examines the traditions, position, and role of women in the family and the "Woman, Life, Freedom" slogan in Islam, bringing tranquility contrary to the West.

"Rape" is defined in common legal system as a "sexual relationship with a woman through the use of force, coercion and pressure and against her consent". The current research aims to explain the concept of "consent" in sexual assault in light of judicial practice in the legal systems of Iran and New Zealand. In the field part of the current research, which was carried out using the descriptive-analytical method, qualitative content analysis method with a targeted sampling of 40 criminal cases with the subject of sexual assault in the courts of Iran (between 2003 and 2017) and New Zealand (between 2007 and 2018) has been used. The findings show that things such as male gender stereotypes, differences in the level and amount of satisfaction, differences in the quality of acquaintance of the parties, etc., are among the criteria that guide judges' understanding of the concept of consent in sexual assault cases.

Despite this duality, it is difficult to accept that punishment, as a social institution with a multiple reality, is only influenced by one of the two phenomena of power and culture. Punishment is a social institution that is influenced by them in a systematic relationship with other social phenomena and, of course, affects them.
The fundamental question of this research is how to present a realistic picture of the quality of the interaction between the phenomena of culture and power in the realm of punishment.
The present study tries to answer this fundamental question. The concern of the present research is to provide a framework for a systematic and multiple understanding of punishment. Presenting this framework can provide us with a more accurate picture of the nature and functions of punishment in the social Rape as a crime against physical integrity has always faced harsh criminal reactions. In traditional laws of rape, the principle is on coercion and reluctance using violence to rape and attack a woman, and in most countries rape laws are still based on violence or threats to it; in fact, the perception of rape is its constant association with violence.
On the other hand, the basis of modern rape laws is non-consent, which means that any sexual activity with a person who is not satisfied with the relationship is considered a crime. In rape that is based on lack of consent, it is assumed that the sexual relationship is two-way and based on traditional gender roles based on the will of the parties, and in this relationship the woman has the right to accept or reject it. Therefore, the core of the definitions of aggression is violence, coercion and reluctance, or violence and lack of consent, or both of them.
Since in the modern legal approach to rape, the lack of consent plays a key role in its realization, so one of the main issues is to determine the legal meaning of consent.

The present research, according to its nature requires the interpretation of textual data, and the researcher has used "qualitative" methodology, and its nature is descriptive-analytical. In order to access the necessary data regarding Iran's cases, the researcher referred to the Public Prosecutor's Office and the Revolution of Tehran, the Library and Document Center of the Judiciary Research Institute, etc. Access to court cases in New Zealand was made possible with the help of one of the professors of the Faculty of Law of Auckland University and during the Research Opportunity at Auckland University. The method used to interpret the data in this qualitative research is content analysis.

Although the difference between the legal sources of Iran and New Zealand and the existence of stereotypes and rape myths in the minds of judges, especially in traditional systems such as Iran, makes comparison and matching difficult, but by examining the codes from the cases of Iran and New Zealand, categories were obtained that could be similar. They provided the search and comparison between the two countries.
These categories that were obtained by examining the cases of Iran and New Zealand are:1- Judges' gender stereotypes from the history of friendship and previous acquaintance between the criminal and the victim.
 2- Sexual and moral history of the victim in the context of judicial interpretations.
 3- Men's judicial interpretations of the victims' resistance and its examples.

The root of the difference in the approach of the judges in the two legal systems depends on the difference in the legal and ideological foundations. On the other hand, the cultural roots and the deep influence of male stereotypes and ideas on the legislative system and the approach of judges have caused a different understanding of the concept of consent in the judicial system of the two countries.
As a conclusion from this article, the following can be considered:First. The mental stereotypes of the judges, regarding establishing a relationship between the level and history of familiarity with consent/non-consent, are among the most important strategies of judges regarding the interpretation of the concept of consent. Based on this, the general approach of the judges is that the existence of previous acquaintance/communication between the aggressor and the victim is practically interpreted as the consent of the victim to have sex. This issue is practically irrelevant in the New Zealand legal system due to the legality of consensual sexual relations (which naturally does not require prior acquaintance in many cases) and due to the acceptance of marital rape in the legal system of this country.Second. The existence of a bad sexual and moral history of the victim is another factor that judges in the light of which confirms the consent of the victim to establish sexual relations with the aggressor. This issue is not well accepted in the New Zealand judicial system and on the contrary, the victim's bad history has caused her to be considered as a more vulnerable person and has justified the need to support her.Third. The existence of male judicial interpretations of the issue of sexual assault, taking into account cases such as focusing on the victim's defense or lack of self-defense against the aggressor, whose lack of defense, even in cases where the victim surrendered due to fear of further harm, in They have considered the concept of satisfaction. This issue is also considered in the New Zealand legal system with a different approach, and the lack of physical resistance against the aggressor is not considered a proof of consent.Fourth. The existence of the death penalty for the perpetrator of sexual assault can be another reason for the desire of judges to present a patriarchal interpretation of the concept of consent, whether it is that life-threatening punishments are not very popular, both from the perspective of social and criminal effects, and judges consciously or unconsciously They do not want to use this punishment.

In the present era, when many women are responsible for social works and require leaving home, they have confronted with challenges related to the conflict between employment and obedience. In some approaches, all the rights and duties of a wife are presumed to be of marital duties and responsibilities; in such a way that all the religious, human and citizenship rights and duties of a woman are fading away in light of the commitments and tasks of marriage. This is while a woman has rights and responsibilities towards herself, God, parents and society for her spiritual and human growth and perfection, and her duties are not completely diminished in the tasks of marriage. This study seeks to present a new reappraisal of religious texts from a female perspective by using the case study strategy while not sticking to conventional readings, and recognize the contexts and potentials in religious sources. In this way, according to many endorsed family decrees and the approval of the legislator concerning the intellectual’s stipulation, by changing the lifestyle and social presence of women, according to the principles of permissibility, soundness and such rules as dominance, justice, maintaining system, good behavior, no harm and no plight, etc., there is a possibility for the wife to leave home in a conventional and reasonable manner; and the limits of the husband's authority in the matter of obedience and permission to leave home are overshadowed by the divine and human rights and duties of the wife.

Examining jurisprudential texts shows examples of women's rights that are less known in customary norms and legal sources. This is despite the fact that after the victory of the revolution, the adaptation of the laws to the rules of Islam and the realization of the material and spiritual rights of women were emphasized in the principles of the constitution. However, the examination of customary norms and legal articles shows their incompatibility with Sharia rights and as a result, women's rights are violated in the society. This article tries to introduce the reasons for this gap. For this purpose, 30 women living in Tehran province, who had a history of married life, were interviewed using the purposeful and theoretical sampling method, and the findings were analyzed with a critical grounded theory approach. Finally, 11 key categories were extracted, among them "the hegemony of the male-centered collectivist culture" and "the culture that governs the couple's family" as background conditions and "men's exclusivity", "women's lack of demands" and "inappropriate interactions between couples" were identified as the causal conditions of this gap. The main concern of the interviewed women was "conflict of asserting rights and maintaining stability or peace in the family" which was influenced by the intervening conditions of "expenses and expansion of patronage", "social disturbances" and "characteristics of the couple". Actions of "compliance or non-compliance with the violation of rights" lead.

Matrimonial bond in Islam is manifested in the framework of marriage, and because of that, rights and obligations are created for each couple. One of these rights and duties is obedience.In some approaches, one of the factors affecting the passivity of women in the family and their marginalization in social life is the issue of obedience from a jurisprudential point of view and subsequently the employment, education, leaving home, mustahab worships etc with the permission of the husband for possible conflict with a man's right of obedience. Today, women, in order to increase their role and social action, want to adjust masculine norms and structures in the family institution. Today, women taking distance from traditional roles and raising issues such as women's sexual demands, control over the body, as well as the centrality of women's dignity in marital relationships and questioning the permanent unequal of power in the family, men cannot be considered in the field of sex, sole actors and women cannot be considered the passive and aimless actors and covered up the explicit demands of women and the blatant injuries of this arena.Thus, the need to recognize the wife's sexual rights in legal and religious capacities and texts is essential, regardless of the heaviness of traditional patriarchal thought. This study argues that obedience is requirements of absoluteness for contract and such things as the marriage validity of the sexual impotent people and effect of time and place in Ijtihad and the validity of the couple's rational agreements during marriage are some of the capacities that can be partially assist to woman's desire in obedience due to conditions of the contract. The current study tries by using a descriptive-analytical method as well as the library and documentary study method provide a new reading of religious texts from a female perspective and recognize the present contexts and capacities of religious sources while not persisting on conventional male readings.

Specific physical and emotional characteristics and the different origins of crime in women require considerations for them in punishment, which must be specified in admiration, but the lack of gender segregation in the abusive use of crimes against taqsiry indicates that the necessity of this issue for lawmakers is not clear. So the question is how can we explain the necessity of gender rebellion in ta'zir crimes?The method used in this research is a library that was compiled by studying jurisprudential texts and legal texts. In jurisprudential sources, referring to the dignity of women in Islam, the need to pay attention to the preservation of the value of women in all aspects, including obedience, is expressed. On the other hand, in the Islamic Penal Code, several discounts have been made on the amount and type of punishment for offender women. In addition, criminal offenses also have the legal capacity of a gender approach, so that the legislator takes gender stricture according to the physical, psychological and social characteristics of women and the grounds for committing them.An overview of the principles of punishment also clarifies that, in all the principles, consideration of gender considerations is inappropriate, and it is also inconsistent to have a gender-based approach to punitive purposes. Because women will have the same criminal purpose than men with fewer penalties or even different types of punishment. Because women will have the same criminal purpose than men with fewer penalties or even different types of punishment.

The victim's intervention in the proceeding and the hearing of the pain and injuries inflicted on them are considered influential factors while passing judgment on the accused under New Zealand criminal law. The victim is either injured because of the crime or has already been vulnerable for some reasons exuberates the situation. The New Zealand criminal system assesses type and offense-seriousness in both cases to pass sentence on the accused.  The present research aims to study the impact inflicted on rape victims in determining sentences. It is a descriptive, analytical study conducted using the content analysis technique. A purposive sample of 15 rape cases was selected from the New Zealand criminal system and coded using ATLAS software.  The results show that if the accused is found guilty of pre-planned raping by resorting to physical violence, making sense of humiliation and severe mental harm, or rape is committed against vulnerable victims, the court aggravates the culprit's punishment based on the extent of the harms inflicted on them. It can be in the form of an increases period of preventive imprisonment, rejection of the plea for mercy or conditional discharge, the traverse of revision, and the extension of therapeutic or rehabilitation courses or compelling the offender to join them.

Jurists' opinions and the Iran official laws indicate the Legislate rights to employment and financial independence for women. However, married women's experiences show the barriers and problems that make it challenging to have these two rights. This study seeks to identify the strategies adopted by women to deal with these barriers, using the jurisprudential-legal approach and the cognitive dissonance theory Festinger while introducing the obstacles to women's right to employment and financial independence. In this study, we used a qualitative method using Wolcott's thematic analysis. Participants include employed women resident in Tehran province that were married at the time of research or have had marital experience.  The sample was recruited through purposeful sampling. Then, theoretical sampling was done based on the developing concepts with maximum variety and density of categories' dimensions. Finally, interviews (n=22) ended based on criteria of theoretical-conceptual saturation.Women's Barriers and strategies in the face of violation of rights to employment and financial independence were extracted in five central themes, ''structural barriers'', ''cultural barriers'', ''role expansion '', ''role management'', and ''role escapism''.women facing these situations are forced to adopt strategies that, in addition to family relationships, also affect the social and economic system of the country.

The family's rights is rooted in moral values and the deep relationship between legal rules and moral standards is among the basic principles of Islamic legal system; thus, paying attention to jurists' moral statements in legislating in the matter of the family is necessary. The present study aimed to investigate how the general moral-legal principles have an effect on couples' sexual relations with a descriptive-documentary method using earlier and later valid jurisprudential-legal sources. The main question is as follows: what is the use of the general moral-legal principles in marital sexual relations and women's achievement in their sexual rights, and can these principles have an effect on the redefinition of wife's sexual rights? According to the reviewed information, in Islam, a sexual issue is systematic, and it is totally confirmed that, in the light of the interaction between ethics and law, the general shared principles, as basic and pre-legislative ones, have effect on achieving the sexual rights. The results showed that the general principles such as justice, dignity, privacy, and freedom, are the important shared statements that can reread couples' sexual relations from the view of ethics and explain wife's sexual rights.

The sexual abuse of the wife by the husband is not explicitly recognized in the Iranian legal system. However, in light of some of the provisions in the family law, one can find the grounds to consider this issue. Due to the legislator's silence in defining conjugal obedience, separating general and specific obedience and determining the limits and scope of each, identification and recognition of the sexual rights of couples in family lawsuits face challenges. This study answers the questions that, given the sexual abuse by the husband, what legislative mechanism is provided to support the wife in the Iranian legal system and how family court judges interpret these laws. This paper, using a qualitative approach and case study methodology, after reviewing jurisprudential texts and reviewing legal laws investigates the judicial procedure of family courts in Tehran province in issuing rulings requiring obedience or judicial divorce due to sexual harassment of the wife by analyzing the content of cases, interviewing judges and women applicants of divorce. Findings show that judges’ interpretations of the instances of sexual misconduct are varied and verification of the wife's sexual hardship, in addition to the difficulty of proof, lacks clear criteria and is based on judges' personal interpretations of the scope of conjugal obedience. Therefore, there seems to be a need to include the conventional sexual rights of couples in the family laws and establish a unified procedure in issuing a sentence of non-obligation to obey and verification of the wife's hardship in cases of sexual abuse by the husband.

Rape, which is known in Iranian jurisprudence and law as adultery, is a crime against the physical integrity of the victim (women) by resorting to force and physical pressure and without her consent. In the Islamic laws, maximum punishment is enforced on rapists. The necessity for the issuance of execution verdict in case of forcible abuse is for the reason that the judges are to exercise maximum precaution by verifying the conditions of the forcefulness. Considering Ta’azir punishments for sexual crimes in that they have the ability to adapt to temporal and spatial conditions in relation to certain punishments and consider the individual circumstances and characteristics of the offender in determining the appropriate punishment, more effectively ensure the achievement of goals. In recent years, the judicial system’s approach has been distancing away from determining Hadd punitive responses and endeavoring for the replacement of Ta’azir and graded punishments. The present study has been conducted based on a qualitative method where references are taken from some courts’ decisions and sentences so as to find an answer to this question: Can the title “sexual abuse” or “rape” be accepted in most of the files or is it the judges prefer to choose other criminal titles instead of sexual abuse in line with the widening of the discretion for the issuance of various Ta’azir verdicts according to proofs of justification and the extant evidence and documents? Since the theoretical jurisprudential foundations of violating the Hadd punishments have existed in the Islamic jurisprudence till now, it seems the elimination of Hadd punishments and widening of judges’ discretion for selecting proportional Ta’azir punishments by avoiding to accept the forcefulness is a solution closer to justice and parallel to the support of the victims.

The reflection in the sharia cases of women's rights as a wife is an example of women's rights, which is less well-known in society. There seems to be a kind of inconsistency in the three sources of sharia, custom and law in relation to this issue. The article, by acknowledging the complexity and multi-dimensions of the reasons for this contradiction, aims to examine the role of women in this regard from the perspective of the Cognitive Balance Theory. To this end, 30 women living in Tehran province who had a marital life experience were interviewed in the light of how to encounter the violation of their rights. Data analysis using the thematic analysis led to the extraction of five key themes included self-silence, learned helplessness, meta-religious femininity, circuit family, and ethical behavior in women that prevented them from claiming. Accordingly, by perceiving their individual abilities and the socio-cultural conditions of their society, the women prevented from claiming their well-known rights by adopting a realistic approach, and they cooperate in violating the women's rights a nd stabilizing the status quo.

Article 1133 of the Civil Code of the I. R. of Iran has given the right of divorce to men. A contemplation into the right of divorce for men is not affirmative of its legal nature, but also it shows strains of court verdict. Therefore, since the hypothesis may result in a change in the family rights, it requires careful review of the authentic sources. To that end, the two concepts of “right” and “verdict” must be first defined to make it clear that, first, what divorce would be like in either of the cases; and secondly, on what bases are the jurists’ theories regarding this debate. Each reason will be then analyzed and finally the principles governing the family will be presented based on the Holy Quran words and Imam Khomeini’s views on the issue to clarify the degree of divergence between the rightful theory and other views. Finally, it is necessary to present the results in the form of proposals to the legislature, apparently with an option to withdraw the above-said law. This paper has used a descriptive-analytical method and contains in its approach jurisprudential depth along with innovation in reasoning.

In recent decades there have been new readings of holy Quran by Muslim women including authors known as “Islamic feminists”. This group of women such as Amina Wadud, Azizah Al-Hibri, Asma Barlas and Sadia sheikh are significantly influenced in their applied methodology by Fazlur Rahman’s interpretive theory. Rahman bases his Qur’anic hermeneutics on a theory of prophecy and revelation and also an understanding of history. He invites us to make distinction between normal Islam and historical Islam and calls for separating religious Ideals from religion’s contingencies for the sake of presenting Islam to the modern world. According to him, any reconstruction of Islamic thought primarily needs a comprehensive study of the Quran for its ethical worldview. He is concerned with reviving Ijtihad and defines it according to his own “two-way movement”. His methodological influence is obvious in the works of so-called “Islamic feminism” authors, then analysis and critique of his interpretive theory is in fact an analysis and critique of their readings. This paper takes “analytical research” and “dialectical criticism” as its methodical approaches and finally concludes that Rahman’s interpretive theory, though having new inspirations and hermeneutic inventions, cannot work as a well-found theological-methodological base for alternative interpretations, without creating new problematic faults.

The conditions in the marriage contract are among Islamic arrangements for strengthening families that they allow them to be flexible and compatible in different time and place situations. These conditions, like other legal rules, are affected by social pressures and they are responsible for social needs. Therefore, they are expected to create an approximate balance between family and social needs, and social pressures and legal rules; but it may not work in practice. The aim of this research is to investigate their efficiency. The research data were collected using semi-structured interviews with legal experts and sociologists in the field of family (including judges, sociologists, lawyers, university professors, and counselors) and the themes of (dys)functions of these conditions were extracted by the thematic analysis method. According to the results, their positive and negative functions are placed in subsidiary themes of obvious positive functions (including facilitating women's divorce in difficult situations and realizing women's rights), obvious negative functions (including rising divorce rates, increasing emotional divorce, and the view that signing the conditions is compulsory), hidden positive functions (including adjustment of power and violence in families), and hidden negative functions (including the abuse of some women, women's situations after divorce, and the lack of men's demand for divorce and its subsequent disputes). The results showed that current gaps have caused these conditions to be far from their own real position.

Multiplicity of programs, policies, and eventually the laws related to the domain of women and family with the approach of gender justice in number and direction along with the disputes and conflicts of individuals, governmental and non-governmental groups on this issue, indicate that in the process of policy making in the field of women and family there may be problems regarding gender justice. In order to explain the causes of incompatibility and obvious conflicts in gender programs, this study defines a new issue by investigating the policy-making process and its structural features. Furthermore, it seeks to answer these questions: What structures and features does this process include? What model does it follow to influence on outcome policy-making? In this regard, identifying the fact that policy-making is based on a network of formal and informal beneficiary relations and that the final policy-making is the result of harmony or mutual understanding between competitors' interests led the research to consider the discourse of beneficiary involved in policy recommendations by adopting a qualitative methodological approach of "contentious rotation". Findings reveal that the gender justice policy-making process, both due to the influence of the discourse of beneficiaries and due to structural flaws, was led to incoherence and long-term forward-looking planning in this domain.

As women's crime rates increase, gender equality is important in punishing offenses. Therefore, the issues affecting the punishment of women's crimes, including the will to commit a crime and the consequences of the punishment, are addressed. Structural stress theory and role concept are used to investigate these issues. The research method is qualitative through semi-open interviews with four groups of religious scholars, judges and lawyers, criminal law students and women's rights activists. The structural pressure that is exerted on women in different situations provides a passive will and provides them with the opportunity to commit a crime. On the other hand, punishments have more severe consequences, such as physical and mental problems, family and social exclusion for women. These conditions necessitate the application of a supportive approach to punishment, such as a reduction in the type and amount of punishment, the complete abolition of certain penalties and so on.

Legal system can interfere in human relationships to support fixed rights. Islamic law and jurisprudence, in their entirety and in regulating human relationships in the field of social interactions, have an identity based on equity and positive discrimination in obtaining right and protecting vulnerable rights in unequal situations. In the context of family relationships, the benefit of men and women of sexual and emotional rights is emphasized and receives legislative support. However, in the exercise of these rights, in the event of every kind of violence on the part of man, the guarantee of criminal-law enforcement is required in addition to the civil performance guarantee. However, violation of men’s sexual and emotional rights and the abuse of men by women require civil rather than criminal penalties. Also, breaking men's sexual and emotional rights and violence by woman require a guarantee of civil performance, but it does not require a criminal sanction. Furthermore, in sexual crimes, despite equal rights and duties, supporting discrimination is evident in responding to women's sexual crimes. However, criminal responses to female delinquents are largely devoid of discriminatory aspects. The present study was conducted through an analytical-deductive, document-based method. It has explained the attitude based on the equality and equality of jurisprudence and Islamic law in marital relations and shows its support for women in this area.

This article examines the concept of motherhood in three approaches; tradition-oriented, modern/feminist and Islamic. Although the concept of motherhood leads to females giving birth to a child at the first glance, more careful scrutiny of social texts reveals the broadness and complexity of this phenomenon. From a tradition oriented point of view, motherhood is the characteristic of female identity. However, the modern/feminist approach views woman and the maternal instinct separately. Terminologies such as genetic mother, biological mother and social mother have been mentioned in this literature. In this article, we review the existing literature based on these two approaches and demonstrate how the feminist approach encounters the traditional point of view towards motherhood. However, as the third wave of feminism has addressed return to motherhood and raised some confusions and uncertainties, we suggest a re-reading of the Islamic approach toward motherhood based on Quranic literature.

During various jurisprudentialeras,certain common qualities have been specified for the ones being appointed as judges; however,different theories have beenproposed concerning the particular prerequisite of masculinity. Some jurists have considered masculinity to be one of the required prerequisites for judges. This article focuses on ideas of Islamicjurists, from Minor Occultation age to contemporary era, and the issue of women judgeship before and after the Islamic Revolution. The results of this study illustrate that the masculinity condition was not among judgeship prerequisites prior to the time of Sheikh Tusi (one of jurists of early Imamiyeh jurisprudence) and it was Sheikh Tusi himself who started these controversial debates. In other words, there was no condition of masculinity during the first era of jurisprudence, yet it was during the second and third eras when the number of masculinity proponents increased, in a way that even in the fourth era we can observe quitedifferent views in this regard in comparison to other eras. From legal point of view, there was no masculine condition for judgeship prior to the Islamic Revolution, but it was in 1361 when this condition was appended to the qualifications of judges; nevertheless, while ijtehad (superior canonical scholarship) condition was neglected.