فهرست مطالب faezeh azimzadeh ardebili

Infertility, which is one of the most important problems of human societies, has been solved to some extent with the help of one of the achievements of medical knowledge, i.e., freezing the fetus resulting from the artificial and ectopic fertilization of the parental gametes. Now, the freezing and storage of embryos in freezing banks will cause jurisprudential, legal and social issues in this field, one of which is the existence of common criteria between the destruction of frozen embryos and abortion. Therefore, the basic question in this research is: Is there a unity of criterion between killing frozen embryos as a part of laboratory embryos and abortion from the point of view of jurisprudence, legal and moral? The current research has been conducted in documentary- library style and by descriptive-analytical method, the studies shows, there is a unity between the destruction of frozen embryos and abortion, in this sense, the frozen embryo as an ectopic coagulated sperm, like an intrauterine embryo, is a potential human being that can be actualized and has the right to life and human dignity, because from a legal point of view, a human being has the right to life and respect from the moment of the formation of the smallest part of existence and its eliminating at any stage is against the morality and human dignity of the fetus and against the relationship of trust between the parents and fetus and it is not acceptable. Also, eliminating a human being at any stage violates one of the purposes of marriage, i.e. childbearing, which is one of the common criteria of killing a frozen embryo and abortion; therefore, the sanctity of loss is true in both cases, and the coagulation of sperm inside the womb (a common thing) or its outside, is the origin of human creation and the minimum level of humanity has been reached in it, and the condition for the fetus to have the right to life, to be fertilized and be born alive; therefore, the formation and development in the womb does not have the characteristics that the only right to life be exclusive to the fetus in the womb. From this point of view, some jurists believe that it is necessary to be careful to preserve frozen embryos and they consider the elimination of frozen embryos as abortion and require payment of ransom.

This research aims to examine and critique the components of maternal identity, investigate the reasons for the decline of the maternal position in the 2030 Agenda for Sustainable Development (SDGs), and explore the perspectives of religious and Western discourse on this issue. The research method used in this article is documentary-library research, and the type of research is descriptive-analytical using qualitative content analysis method. The research population consists of the text of the Sustainable Development Agenda 2030 and the collection of international documents drafted as supporting documents for the 2030 Agenda for Sustainable Development (SDGs), as well as relevant books analyzing this document and texts of religious scriptures and the views of Islamic and Western scholars on the concept of human identity and maternal identity. The main issue in this article is to determine the approach of the 2030 Agenda for Sustainable Development (SDGs) regarding maternal identity and what the religious discourse's opinion is on this matter. The findings of the research indicate that some of the goals of the 2030 Agenda for Sustainable Development (SDGs) address issues related to women in which the natural identity of motherhood is distorted, and influenced by the views of Western social scientists, maternal identity is considered as secondary identities, assuming that maternal identity, like other social identities, is influenced by social interactions and is used as a tool and strategy for a specific goal, which adapts to the cultural changes of societies and undergoes changes. However, from an ontological perspective, the existence of women in their maternal identity includes the ability to conceive, the capacity for pregnancy and childbirth, and the potential for nurturing and educating, and from a teleological perspective, their existence is effective in the survival of the generations and has the potential for divine vicegerency.

The family has a unique meaning at different times, which has sometimes changed and evolved over time. Therefore, explaining the structure and concept of standard family and new emerging families, as well as families that deviate from the standard, is very important. The emergence of families with different structures such as cohabitation, same-sex family, self-marriage, object marriage, animal marriage, as well as single-parent families, which referred to as new emerging and unusual families, is one of the family challenges in today’s world. The studies show that there is no comprehensive definition, which explains the desired Iranian Islamic family in the Iranian legal system and this vacancy has been led to the confiscation of this structure for the intended purposes. The present article intends to examine the structure and concept of standard family with a statistical approach in Iran and the United States of America legal systems, to explain the structure, concept and examples of new emerging families, especially in the United States. This research is library-documentary in terms of method and fundamental-applied in terms of purpose. The findings of this study showed that there is a serious gap in explaining the standard family in Iranian law. In the discussions of Islamic jurisprudence and significant guidelines of Supreme Leader, many components have been introduced for the standard family in terms of the principles governing the family, but these components have no place in the upstream documents and Iran executive laws.  On the other hand, although all American family laws, both at the federal and state levels, have a high volume in terms of quantity, but in terms of content, they are with a humanistic approach and without considering human values. The same-sex family and other new emerging families are recognized in the laws of many US states and their members have legal rights.

This article with the aim of identifying and recognizing the possibility of modifying women's rights and the position of the rule of Ṭanqihe Manat (rectifying the effective cause and Elghȃe Khoṣuṣiyyat (abolishing the specificity) in modifying women's legal differences, is examined the jurisprudential documents of dowry adjustment and the dowry adjustment, which has been accepted and documented by the dominant statement in Iranian jurisprudence and law, and a criterion is considered that the Ṭanqihe Manat and Elghȃe Khoṣuṣiyyat in its documents can result in the possibility of adjustment in women's legal differences. This article by descriptive-analytical method and with documentary-library manner is studying the possibility of modifying other women's legal differences by using the rules of Ṭanqihe Manat and Elghȃe Khoṣuṣiyyat and its research community is the sources of jurisprudence and the law and principles of jurisprudence. The main issue is whether the documents cited in the dowry adjustment are specific to the dowry or whether they are general, and these arguments can be used in other legal differences between men and women? Documents for adjusting dowry include the rule of La Zarar(no- harm), La Ḥaraj (no- embarrassment), Ghabn e Ḥadeth (loss occurring), implicit condition, survival originality, priority analogy, adding to the content of the contract (marriage) which is examined from the point of view of Ṭanqihe Manat and the principle of accepting the women's legal differences is proved from the perspective of jurisprudential documents and it was concluded that it is possible to modify women's legal differences in Islamic law, especially material rights by Ṭanqihe Manat and Elghȃe Khoṣuṣiyyat.

Mental health is an important concept in interactions between family members which provides moral and material development and stimulus in all fields through generating awareness about moral and material factors effecting mental health and moderation in action and behavior. This article examines narratives attributed to Imam Reza (PBUH) regarding this issue in order to set a Razavi behavioral pattern for securing family's mental health Behavioral approaches in Razavi narratives, which are considered among the factors that secure mental health in families, take into account various aspects of family interactions. In regard to marriage as the basis of mental health in family, Imam Reza emphasizes on criteria such as time, consultation and faith
 After a family is established, he has recommendations for maintaining family's mental health regarding sexual needs, economic development and improving ethical attitudes in the interactions between the couple.

Birth control policy is among those projects planned by western countries, and it has recently been a matter of concern for legislators and advertising. Since birth control contradicts Islamic teachings, it is required to be studied from a theological point of view. The question arise that whether the qualitative or quantitative analysis is a matter of concern of Islam and also what jurisprudential view points exist about birth control. Whether it is possible to be implemented in Iran regarding the present day social situation is also a matter of concern. This article attempts to clarify the above mentioned questions while taking into consideration the tradition of the Quran and the view point of Shiite theologians. The study indicates that both qualitative and quantitative aspects of birth control are a matter of concern in Islam. Hence since this policy is not applicable in Iran, instead an effective educational policy has been proposed to have an efficient sovereign society.

According to legal approaches the parentage of the children born out of marriage, is considered illegal & he/she does not belong to a man who has committed adultery.In accordance to article 1167 of Iranian civil law & Imamieh Jurisprudence the illegal child does not belong to natural father, meaning the parentage of the child is considered illegal & does not enjoy the rights of legal guardianship, custody, maintenance & inheritance. In other words illegitimate children do not enjoy the rights provided by statute for legal children in most jurisprudence. So it begs the question what the legal status of illegal children is in Iranian legal system & who is responsible for the financial &non-financial rights of these children. In 1997 with reference to the view point of the contemporary theologian the general board of supreme court of the country set precedent voting No. 617, to safeguard the rights of illegitimate children & clarified the legal status of these children, that natural fathers is responsible for all his duties & obligation except inheritance. Hence the present article while studying the rights of these children proposes some appropriate legal solution involving typical cases as property reconciliation or possessory will to help illegal children who are deprived from inheritance right.

Marriage contract is a source of ample rights for couple and paying dowry to wife is one of them. After marriage she can claim her dowry before intimacy (if it is on demand). According to article 1185, if the husband is unwilling to pay she can exercise her right and not respond to her husband's demand. In theological and legal context it is known as the right of lien, but still there exist a great number of unresolved questions, and it remain a controversial issue. It is worthy to note that it has been disputed from legal and jurisprudential stand point. This article also attempts to clarify the questions regarding the mutual relation of spouses and the conditions which nullify this right, and it illustrates clearly its legal inadequacy with reference to legal and jurisprudential scholar's stand point. In view of theologians, marriage contract is a mutual contract (Aghde-Moavezi) or of quasi mutual contract (shebhe Moavezi) which is based on three theories: 1.Both parties, husband and wife have the right of lien. 2. Neither has the above mentioned right. 3. Only the wife is entitling to the right of lien. In spite of all criticism by some jurists and theologians on the right of lien which is absent in legal context; it is an exception to the law, to support the woman's right so that women should not be compared with men. Solvency and insolvency of a husband has no affect on the implementation of right of lien and still he has to pay her legitimate right.

By introducing new assisted reproductive technologies to the scientific world، the ethical issues are drawn. One of the issues is anonymous donation of gamete. Each country has its own law for anonymous donation. Some permit it and some don''t. Antagonists introduce some reasons against it such as the right to know، necessity of knowing medical background، avoiding incest، decreasing the level of confidence/identity problem of child and analogy between adaption and anonymous donation. Pros have some reasons such as unimportance of genetic relation، protecting family unit، protecting child and parents against society''s reaction، destroying child-parent relation، reproductive liberty and privacy، creating new kinds of family، creating training system for the child and decreasing child''s stress about genetic relation. A library research method has been used and both English and Persian sources have been considered.

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.

Guardian's permission on girl's marriage is one of the controversial issues in society. The presents article studies the various theological and legal views regarding guardian's permission on girl's marriage and the extend of rights Islam has given to girlsto choose their husbands.According to Islamic civil laws, the Jurists and Islamic scholars consider girl's consent as well as guardian's permission essential for the marriage of mature virgin girls.In wide perspective responding to such questions in a modern society can help shatter the illusions. There are some cases that guardian did not agree with the marriage of the girl with her suitable mate. Such cases made the situation worse from the bad.The present article also studies the views of the jurists and theologians who believe that the Guardian and the girl's consent which has been ratified by the law makers are essential, It also clarifies the verdict of the law makers which still considers Guardian's permission a condition on the marriage contract that ha been signed without the father's permission, whereas the contemporary Islamic scholars consider the above mentionedmarriage valid. On the other hand the view point of the law makers who believethat such permission is necessary to keep law and order in society, should not be ignored0.

The source of rules related to "la osr-hajar" (no hardship rules) are originated from Theological documents which have been taken from different verses and sayings. The above mentioned rules are based on the opinions of Theologians, as well as article 1130 of the civil law which is a manifestation of their opinions. In this article some examples regarding the applicability of the above mentioned rules in family law and which measures have been taken by legistlature have been discussed. There are two kinds of "osr-haraj" (no hardship rules) one is like infertility which is the consequence of an abnormality and others are due to the external factors like long term imprisonment of the spouse and abandonment of the family which are considered crimes and make women to suffer. Therefore "la osr-hajar" rules should be implemented to prevent hardships. The question arises whether the above mentioned rules are implemented because of abnormalities or other factors listed above affects decision making. In other words which one of these factors Affect the verdict of the court. In another part of this article various examples of hardship such as abortion which was allowed and considered only on condition that the embryo's existence would put the mother's health in jeapordy, is also studied.

Regarding the importance and semantic meaning of women's rights in the Holy Quran this article deals with the role of man as the head of household. What is written in the Holy Quran about women's rights manifests the reality of their physique as human beings. According to their gender they enjoy certain right which exhibits equality in the creation. Regarding the position and importance of guardianship it can be said that men are responsible for providing financial support for the family. In the same way women are responsible for raising, nuturing and teaching moral values to the family. This balance illustrates the relationship between the law of the nature and the divine law.

According to The Holy Quran having proper etiquette is one of the basic criteria in the relationship between the spouses. Etiquette is the symbol of amicability between the spouses, which is repeated in 39 verses of The Holy Quran. Thoughtfulness and the special bond which a husband and wife cherish creates a balance in the family system. In the Civil Law of The Islamic Republic of Iran there is a special bond, which spouses are suppose to observe. Now a question arises, how it is defined in The Holy Quran and how it can be followed up legally. Kindness and a good rapport between the spouses is the symbol of good morals in life which strengthens the family foundation, it also has a good effect on the attitude of the spouses with the children. Being civil with each other even during and after the divorce are emphasised in The Holy Quran. Providing alimony and support for the wife and child are good examples of the mutual respect which should continue even after the divorce. Since the family is a symbol of love and affection God advices the spouses to observe moral values in their relationship and develop a mutual understanding throughout their lifes.