جستجوی مقالات مرتبط با کلیدواژه « زنان » در نشریات گروه « فقه و حقوق »

One of the important social areas of human life is occupied by the media. The variety of media has expanded to such an extent that people have to choose to communicate with certain media. Citizens of the modern society spend most of their time with the media and feel confident and relaxed from communicating with the media. The scope of the media includes all fields, including political, economic and social fields, including women and family. Therefore, it is necessary to address the issues of women and the role of the media. Based on this, governments have tried to strengthen the foundation of the family within the framework of media rights. In this regard, the media plays an important role as one of the important tools in reducing the social harms of women, and the purpose of the media is to introduce the role of women in order to make good policies and prevent social harms related to women. Nowadays, social damage has put women's health at risk. The purpose of this research is to investigate the role of the media in preventing social harms in the field of women and family with a descriptive and analytical method. The results of the research show that the dominance of negative views towards women and the existence of deprivations and serious injuries have caused special attention to be paid to women today in order to correct this problem, and the media aims to train experts in the field. different organizations that have the ability to present issues related to women and can present gender-balanced views at all executive and policy-making levels of the country.

Armed Conflicts, despite all the efforts made globally and regionally, still exist. Different groups of people are affected by this phenomenon in dissimilar ways. Women, due to various reasons, are amongst the most vulnerable groups in armed conflicts. Many efforts have been made by the International Committee of the Red Cross to provide maximum support for women in the form of instruments and procedures. Although human rights and international humanitarian rights are considered two separate legal systems, but because in most cases the boundary between them is not properly distinguished and also because of the Committee's practice in recent decades to integrate the two systems during armed conflicts; in the following study, we intend to address the most important principles for protecting women in both international humanitarian rights and human rights, through investigating ICRC's Documents with an analytical approach.

Examining the efforts of the United Nations, in the two areas of increasing women's rights and protecting the environment, shows the great importance of women's participation in the international arena. Giving a role to women and their non-governmental organizations in protecting the environment and achieving sustainable development is very important, and for this reason, various international documents have recognized the participation of these actors. The upcoming research seeks to study the position of women in a part of public international law, i.e. the branch of international environmental law, and wants to show international transformations about the participation of women, as one of the important and vital players in international environmental law. is life The results of this research show that women are actually the creators of sustainable development culture. The efficient and active presence of women as well as their empowerment in the framework of improving the standard of living, participation in major development decisions and their achievement of an equal position in the light of economic and social growth as well as the education of environmental issues makes the process of education and as a result Environmental protection has penetrated to the innermost layers of society and without incurring excess costs, many members of the society have been indirectly educated, and considering the multifaceted responsibility of women and their role in educating future generations, environmental culture be institutionalized.

Based on their doctrines, Salafi excommunicationist groups consider followers of other religions and denominations as non-believers, justifying the shedding of their blood and seizing their property. Consequently, these groups engage in numerous criminal activities. Given the military approach employed by these groups, it becomes imperative to examine the perspective of humanitarian law, especially concerning their interactions with civilians. This article aims to gain a deeper understanding of Salafi excommunicationist groups and their treatment of women. It also seeks to analyze this emerging phenomenon within the framework of international law, legal doctrines, and the principles of Islamic law. The objective is to evaluate the treatment of women by Salafi excommunicationist groups in comparison with the provisions of international humanitarian law and Islamic humanitarian law. In this research, we employ a theoretical analytical-descriptive method and gather data from library sources to address this question. Despite the considerable support for women in international humanitarian law and Islamic humanitarian law, the findings of the research reveal that Salafi excommunicationist groups not only fail to adhere to these legal and religious principles but also perpetrate inhumane crimes against women.

This research applies a descriptive-analytical approach to explain historical aspects and consequently interprets the data regarding the left movement and left wing women based on the Anthony Giddens's construction theory in the second Pahlavi dynasty.In this regard, after examining the developments of the left movement and the political and social activities of left wing women, we will try to answer the question that what effects the political and social actions of left wing women have had on the process of political development in Iran in the second Pahlavi dynasty?To answer the above question according to Giddens's construction theory, There is a mutual relationship between structure and agent which based on, the left wing women as agents of the left movement had potential to influence the political structure of the Pahlavi dynasty and play a role in establishing a developed political system.As result, this research reveals the political and social actions of left wing women, due to the political structure of the Pahlavi regime and the domination of dictatorship, had no effective role in the process of political development and establishment of a democratic system.

Gaining familiarity with the school of thought of jurists, the cultural atmosphere of society, and their influence on women’s issues throughout history are among the prerequisites for judging the Islamic perspective on women’s issues. One of the influential schools in this field is the Akhbārī School. In this study, an attempt is made to present the effects of the views of Akhbārīs and the political atmosphere of the Safavid era in the field of women’s social participation. Also, it analyzed the scientific and practical behaviour of the Akhbārīs of the Safavid era on women’s confinement at home and examined their jurisprudential views on the prohibition of women’s social presence and encouraging them to stay at home. The issue of women’s participation and banning them from leaving the house was not limited or prohibited in this way before the emergence of Akhbārīs. Akhbārīs, especially Sheikh Ḥurr al-ʻĀmilī, have played a significant role in creating this restriction through fatwās and traditions that are sometimes incorrect. The preference (Istiḥbāb) of keeping women at home, the prohibition (ḥurmat) of seeing non-maḥrams, the unwillingness (kirāhat) to greet women, the unwillingness (kirāhat) to leave the house with the husband’s permission, the preference (istiḥbāb) of women’s spinning, and similar fatwas have affected the restriction of women’s presence and lack of social participation. It should be noted that before Akhbārīs, such chapters and fatwas about the limitations of women’s social presence did not exist or were not so strong in the earlier books.

As a major cause of violence, war has affected the growth and development of societies, which is important for women's equal rights, and has led women as the main and defenseless victims of societies to destruction, isolation and discrimination. As a result of the direct or indirect consequences of wars, women are exposed to discriminatory and inhumane factors during armed conflict and violent conflict around the world .One of the acute international problems of women is the issue of systematic rape in armed conflicts, which is carried out with specific goals, which certainly the decisive and serious approach of the international community can have positive effects in preventing the occurrence of these inhumane acts. Because women are the main victims of conflict during wartime, as civilians in war zones, they are completely defenseless against attacks on their human and natural rights. Women in war-torn countries suffer the most from physical and psychological violence. Inhumane behaviors such as murder, torture, rape, slavery, sterilization and sexual violence are some of the acts of violence against women.In such a context, international institutions such as the United Nations have prioritized limited activities, but important.This article examines the international support for victimized women during the war with a descriptive-analytical approach and using qualitative data.

Throughout history, women have endured all kinds of violence and have never been fully supported by the criminal system. Although women need special protections from the criminal justice system due to their sexual and physical characteristics, they have been denied the same protection as men. If in Western societies after the industrial revolution and the active presence of women in the social scene, To some extent, men accepted the need to change the laws and accept women as human beings equal to men. It must be said that the situation is different in this part of the world. After the constitutional revolution in Iran, which called women to the middle of the field of freedom and equality, and the spirit of reformism ruling the society of that time, made women understand their inferior position, many organizations for the protection and realization of rights political and social activities of Iranian women were formed, but these organizations were either assembled and dismantled after some time, or their goals and main lines were deviated, as if there were those who did not want Iranian women to gain enough social and political awareness to assert their rights from Don't hesitate to try in this field. After the victory of the Islamic revolution in Iran, the situation of women again saw another change. In this, many problems that the society had faced prevented attention to women's issues and the restoration of their lost rights. But after the relative improvement of the society's situation, the issue of women's rights and the real status of this group was again brought to the attention of the authorities. Today, almost in most institutions and organizations of the country, devices for the advancement of women have been established, and these mechanisms and institutions have been designed and established mainly in recent years. In different branches of the government, special mechanisms have been established to plan support and monitor the advancement and progress of women. As a result, the participation of women in the political and social affairs of the society has increased and a wider field for activities has been opened for Iranian women. On the other hand, increasing the awareness of women in various fields was a very effective help to consider women and to work hard to eliminate discrimination and violence against this group of people in the society.

It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's rights in the criminal justice system), and in previous researches, this issue has been addressed in a scattered and limited manner; And therefore, we are still facing a research gap regarding the subject under investigation; This justifies the necessity of conducting the present research. The findings of the research showed that the protections of the criminal law for women's rights can be examined in the form of the following cases: delay in the execution of punishment; Exemption from bearing dowry in crimes of pure fault (exemption of women from paying dowry in crimes of pure fault); Criminal protection for women in case of leaving alimony and criminal protection for women in the case of testifying. also; The legal gaps of women's rights in Iran's criminal justice system can be examined in the form of the following: women's rights regarding the proportionality of the age of criminal responsibility with reality (age of absolute and relative criminal responsibility; gradual criminal responsibility in jurisprudence and domestic laws); Absence of necessary legal protections regarding domestic violence against women and legal gaps in formal laws

One of the rulings that is famously common among jurists and people is the obligation for a menstruating woman to perform her lapsed fast of Ramadan. This ruling is based on the hadiths, without any argument or reference to the Qur’an. This research first reviews the hadiths and verses and determines that this ruling is at the level of a jurisprudential reputation and is not supported by successive transmission, tazafur or even the plurality of narrations. In this regard, only four direct and indirect narrations refer to this issue, half of which suffer from the weakness of sanad (chain of transmitters) or irsāl. The remaining two narrations are also invalid due to their opposition to the Qur’an. As for the Qur’an, since the performance of lapsed fasting is limited to two groups, i.e. travelers and patients, and a single narration cannot generalize the limitation of the Qur’an, therefore, the obligation of performing the lapsed fasting of menstruating women is doubtful. In the case of the possibility that menstruation is considered a disease by the Qur’an and so one must perform the lapsed task, based on analyzing the words and the Qur’an, it is proved that Allah excluded the menstruating woman from the list of patients, and considered menstruation as a kind of mental anxiety. Accordingly, based on the Qur’an the obligation of her lapsed fasting of Ramadan is problematic.

Family is regarded as the main cell of society. In order to facilitate, maintain and strengthen the family, the Iranian Constitution states standards, and ignoring these standards harms the family. The purpose of this article, which is done by descriptive-analytical method, is to the examine how the standards laid down in Article 10 of the Constitution, have been applied in upstream documents, policies declared by the Supreme Leader and the existing laws on family. The findings indicate that rules and factors discussed in Article 10 of the Constitution were all considered as a requirement in upstream documents, such as General Policies on the Family notified by the Supreme Leader in 2015, the Act on the Facilitation of Youth Marriage passed in 2006 by the parliament, the Civil Code and the Family Support Law passed in 3013, etc. However, high divorce rates, filing of lawsuits in family courts, including subsistence alimony, marriage portion, divorce and, most importantly, reduction in marriage rates, indicate defects due to the lack of full attention to General Policies and the incomplete implementation of existing laws in the country's judiciary and lack of supervision by those in charge. Moreover, it is suggested that an appropriate and clear pattern for families be presented.

Supporting women's rights in all social dimensions is one of the issues that have been the focus of attention and controversy in human societies and divine religions since the beginning. One of these protections is the general protection of the position and rights of women in the time of war, which has been taken into account by the Geneva Convention (one of the most important pledges of humanitarian rights) and Imami jurisprudence. In Article 76 of the First Additional Protocol of the Geneva Convention, the issue of protecting women is raised, and it can be proven in Imami jurisprudence according to specific evidence, such as the narration of the Prophet (S) containing his direct order to "do not kill women" and verse 190 of Surah al-Bagharah about non-transgression and rulings related to Jihad. In this article, we try to examine the overall protection of women in war from a jurisprudential point of view and prove the progressive Shiite thought before the formulation of any international protection laws in recent centuries. Therefore, using a descriptive-analytical method, the paper seeks to answer the question of what is the opinion of Imami jurisprudence regarding the articles of the Geneva Convention on the protection of women during the time of war, in order to determine the full compliance of the Convention with Sharia standards in this regard

Contrary to the popular view of the Imamiyyah Jurisprudence, that a judge or arbitrator should have the condition of "masculinity" in the feasibility of women's arbitration, some jurists criticize the verses and hadiths to which the famous have relied, even if it is necessary for the appointed judge, has not been considred a condition for arbitrator judge or consolidate judge (Taḥkim judge)). In this article, we seek to answer the question of whether women can judge due to jurisprudential arguments or not? For this purpose, among the three theories: 1) the condition of masculinity in the absolute judge, whether appointed or consolidated, 2) the absence of the condition of masculinity in any type of judge, whether appointed or consolidated, and 3) the condition of masculinity only in the appointed judge and the non-conditionality While criticizing the first theory, the second theory has been strengthened and the third theory has been considered in line with the current laws of the country and developments in the international arena. Acceptance of women's arbitration licenses, firstly, due to lack of publicity or application that implies the condition of all the conditions of a judge appointed in the judge; Secondly, the lack of character of "Rajul/ Man" in the related narrations and the lack of meaning of the title; Acceptance of women's guardianship in matters beyond arbitration such as guardianship (such as mandatory arbitration) or will (such as optional arbitration).