جستجوی مقالات مرتبط با کلیدواژه « No Hardship » در نشریات گروه « علوم انسانی »

Abortion is one of the important issues that has always been the subject of debate and disagreement. The purpose of this article is study on the conditions of abortion from the perspective of medicine, jurisprudence and criminal law in the light of mother's health. The findings indicate that from the medical point of view, if the health of the mother or the fetus is in danger, it is necessary to perform a therapeutic abortion. In Islamic jurisprudence, jurists have unanimously considered abortion to be a sin and prohibited, and abortion is also prohibited in Iranian criminal law. The the health and distress of the mother is most important condition for the permission of abortion in jurisprudence. From a jurisprudential point of view, if the mother's life is in danger, to abort the fetus before the soul is breathed into the body, citing jurisprudential rules La-Zarar is permissible. The health of the mother is also mentioned in the law as one of the conditions for abortion. In the Family and Youth Protection Law, the conditions of abortion are limited, and cases such as mother's harassment must be determined by the judge, and the mother's request for harassment is not enough.

The purpose of this study was to investigate the effect of economic hardship and cosmopolitanism on animosity and consumer purchase intention at Pars Khazar Company in Tehran. The purpose of this study is applied and based on data collection method, descriptive correlational type. The statistical population of the research is all the customers of Pars Khazar Company, based on Cochran's formula, 384 people were selected as a sample and 384 questionnaires were distributed by simple random method. Th e reliability of the questionnaire was measured using Cronbach's alpha coefficient, which was 0.803. The validity of the research instrument was also evaluated by confirmatory factor analysis technique. Then the data were analyzed by structural equation modeling using Smart-PLS software. The results of the research hypotheses show that economic hardship and cosmopolitanism on animosity, animosity o n quality judgements an d consumer purchase intention, and quality judgements affects the consumer purchase intention.

Irrespective of the husband’s legal obligation to provide alimony for the wife, the standard and criteria for determining the alimony of the wife, is the origin of jurisprudential disagreement; so that the renowned majority of the jurists consider the criterion to be absolutely the dignity of the likes of the "wife" in her place of residence. The second view considers the criterion for determining alimony as the dignity and status of the "couple" and the third view considers the criterion as the dignity and status of the "husband". The present research, while analyzing and re-reappraising the principles of the existing sayings and also using jurisprudential documents, has considered the issue in detail in the jurisprudential ruling and, considering the economic conditions of the couple, has considered a combined theory from the third point of view and the renowned majority of the jurists. In this way, assuming the homogeneity and social status of the couple's family or the husband being wealthy, the criterion for determining alimony is the dignity and social status of the woman, but assuming that the couple's social and economic status is not homogeneous - so that the wife's family is wealthy and the husband is poor and helpless - the criterion for determining the alimony of the wife is the economic situation of the husband. The result of this detailed theory has led to the proposal to amend article 1107 of the Civil Code, which, following the statement of the renowned majority of the jurists, made the dignity of the wife the criterion for determining alimony.

The present study uses a descriptive-analytical method as well as library resources and well-justified documents to find an answer to this question that whether the potential of the jurisprudential regulations and the adjustment of the rules and regulations related to treatment-driven abortion in the Scandinavian area’s countries can be applied for bridging the legal gaps existing in Iran’s regulations or not? In response and despite our country’s regulations that are silent in regard of the unwanted, rape and incest pregnancies and others of the like and do not allow treatment-driven abortion while they may cause a lot of psychological problems to the mothers and their whole families, the regulations of Scandinavian area’s countries enable the resolving of a great many of the abovementioned problems through predicting and allowing abortion in such cases. In the meanwhile, the main and essential priority in the Scandinavian area’s countries for abortion at any time and even after the ensoulment and with the possibility of the infant’s life continuation outside the womb is the mother’s health.

One of the important jurisprudential-legal issues is the explanation of the intention of the legislator of the function of the no-hardship rule, because this principle is appearing in the absence of difficulty associated with the domain of religious duties, while performing any duty is somehow difficult for religiously competent person. Therefore, it should be seen whether the executive hardness of the duties is eliminated. In such a case, due to its negating role, the obligation of performing most of religious duties or the illusory hardship of the competent person at the time of performing the duty is eliminated. So, it functions as a guide for both the jurist and the competent person and as an encouraging element for the competent person. While analyzing the views related to no-hardship rule and its problems, this article proves that by removing hardship it means removing illusory hardship. As a result, no-hardship rule plays the role of a guide for the jurist to deduce legal laws as well as the role of a guide and an encouraging element for the competent person.

The husband’s sexual disgust has no legal or ethical consequences for him; since the man who feels disgust with his wife can divorce her or marry another woman. However, is it possible for a woman who feels disgust with his husband to terminate her marriage through the divorce at the wife’s instigation or not? The famous Imamiyyah jurisprudents hold that the divorce at the wife’s instigation is by no means obligatory for the husband and believe that the wife in this situation has no choice but to be patient and to keep self-denial. Their most important reason for the lack of obligation of the divorce at the wife’s instigation is the ayah 229 of the surah Al-Baqarah and the traditions surrounding it. In contrast, a group of jurisprudents has considered the divorce obligatory in these cases. Some believe that the wife’s sexual disgust with her husband may expose her to corruption and if there is no way but to divorce, it becomes obligatory. Another group, relying on the rule of no-hardship, decree that it is obligatory for the husband. The wife’s sexual disgust with her husband deprives her of sexual relations and causes mental pressures and in the case when there is no choice but divorce for the woman, it is obligatory for the husband to get her divorced and dissolute the marriage. The present text tries to prove the theory of the obligation of preventive divorce; meanwhile it aims at criticizing the theory of the lack of obligation of divorce.

There are two different views among the scholars about the basis and criterion of responsibilities. The first view is that the basis for the assignments is the capability of the servants. That is, everything that goes beyond the capability of mankind falls under the heading of the hardship and restriction, although the human can endure doing that. The second view is that the criterion of assignments is the level of endurance of the servants. That is, everything that goes beyond the human’s level of endurance is subjected to the rule of negation of hardship. While reviewing the issue, the authors believe that in general, it cannot be said that the duties are assigned based on the capability or endurance, but it seems that the original principle, when in doubt and the absence of analogy, requires that the assignment of duties be based on the person’s capability and the criterion is the servants’ capability; that is the customary power but not their level of endurance. The verses of the Qur'an, the narrations, the evidence of the facilitation of worship and the conduct of the wise can be considered as the most important evidence for strengthening the first theory. However, in certain cases, such as latitude and honor, divorce and taking oath, the criterion of determining the duties is the duration (utmost power) of the legally competent person.

The aim of this study was to predict trust in interpersonal relationships based on psychological hardship in married women. The statistical population of this study was all married women in Tehran in 1398. According to Klein (2005) formula, the sample size was 250 people and was sampled purposefully and voluntarily. The main data of this study were obtained using the questionnaires of trust in the revised interpersonal relationships of Rampel and Holmes (1986), Flenner (2002) social adequacy. Descriptive statistics (central indices, dispersion) and inferential statistics of Pearson correlation coefficient and multivariate regression were used in data analysis. The results of the research through correlation and regression tests indicate that social adequacy, psychological hardship and hope are predictors of trust in interpersonal relationships in married women.

The aim of this study was to predict the post-traumatic growth of divorced women based on spiritual well-being and psychological hardship with the mediating role of emotional regulation. The design of the present study was descriptive-correlational. The statistical population included divorced women under the auspices of Welfare and Imam Khomeini Relief Committee in Tehran in 1398 that 168 people were selected as a statistical sample by available sampling method, using the questionnaire of growth after injury Teschi and Calhoun (1996), questionnaire Data were collected. The results of path analysis showed that spiritual well-being and psychological hardship directly and through the mediation of emotional regulation, significantly predict the post-traumatic growth of divorced women.

adaption of a contract when its performance leads to an excessive hardship, including an economic hardship, is widely accepted by the world’s major legal systems as well as international practices; yet, the adaption of contracts by arbitrators remains a controversial issue. Arbitrators have the authority to resolve the outstanding disputes between the parties based on the terms of the contract and the rule of law. The competence of arbitrators for revision of the parties’ agreement and adaption of its terms, in particular when the contract is silent regarding this scenario, could be inferred from the existing circumstances including terms of the contract and mandatory rules of the governing law. This paper claims that the adaption of a contract in a changed circumstance is nothing more than an interpretation of the parties’ intent to maintain the contract’s economic equilibrium. The adaption results in the restatement of the contractual term in the realm of keeping up economic balance of the contact. The theory of oneness of arbitration, as well as the principles of pacta sant servanda, competence in competence, and the similarity between jurisdiction of courts and arbitral tribunals have been employed to prove the legality of adaption of contracts by arbitrators, even when the contract and the governing law are silent on this isse

In this article, the economic status of female heads of households and their way of dealing with these conditions are analyzed using qualitative method and grounded theory approach. For this purpose, 40 female headed households were selected by purposeful and theoretical sampling at the Consultative Center of Welfare Organization and Imam Khomeini Emdad Committee of City of Shiraz. Data were collected using semi-structured interviews. The data were analyzed using field theory (open, axial, and selective coding). According to the paradigmatic model obtained in this study, female households are in short supply in terms of access to housing, suitable employment, education, health, and even food security. Physical disabilities, family limitation for work, family nursing and renting have been identified as a prerequisite for creating an insecure family environment for women.   Employer's distrust, wage discrimination, insecurity in the workplace, and the difficulties in combining work and family as intervening conditions have created an unsafe family environment for women. The strategy of women's actions in dealing with such conditions is the limitation of the network of social relations, the dropout and occupation, the saving of resources and goods, and renunciation of many demands and needs The consequence of the continuation of this cycle of disability and deprivation is the reproduction of a variety of diseases and disabilities, malnutrition, marginalization and, finally, a sense of despair and helplessness. Based on this study, it is suggested to increase job opportunities and eliminate social barriers to women's employment, empowerment of women headed households and their children.

These days the protection of unborn lives falls in the forefront, however one of the fundamental rights of women which was ratified in the 1384 legislation, is therapeutic abortion. Accordingly as long as it is done for valid reasons it is acceptable.The philosophy behind the therapeutic abortion is to support the mother’s life when the continuation of pregnancy is endangering her life according to the rules of prohibition of hardship and difficulty (usr and harj), tazahum, the prohibition of loss (lazarar) leaving either the mother or fetus alive. Scholars argue that the mother is the origin of the fetus; therefore women’s right regarding the abortion of the fetus should not violate the man’s right and ignore his consent. The question which arises is that if the mother, despite all legal requirements does not consent to the abortion, does the father have the right to force the abortion? In this article while studying theological principles and legal reasoning regarding the above mentioned rights, the writer has come to the conclusion that if the mother neglects her physical crisis and insists on keeping the fetus, the father as the guardian of the family should be given the right to impose the abortion if the pregnancy is going to result in the birth of a sick baby or endanger the mother’s life.

As the last divine religion, Islam is free from radicalism. Even its attitude towards revenge and punishment brims with life. It urges the believers to stand against the enemies and be kind to the oppressed and underprivileged. According to the Holy Qur’an, “Thus, have We made of you an Ummat justly balanced, that ye might be witnesses over the nations, and the Messenger a witness over yourselves” (2:143). The Holy Prophet of Islam (SAW) also states, “Verily, Allah has sent me as a blessing for all the nations of the world.” Not only is Islam the religion of mercy, but also the Holy Prophet of Islam (SAW) is a blessing for mankind. This article is an attempt to unveil the luminous face of Islam through La Osr va Haraj Rule (Denegation of Hardship Rule).