نشریه فقه و حقوق خانواده
پیاپی 70 (بهار و تابستان 1398)

Permission is one of the most referenced code in Islamic legal system and is also usedin jurisprudence. Marriage is one of those  subjects in which the permission is extensively present as for the permission of father as a legal guardian and permission for the mature virgin or the permission of the spouse. In this article we are Going to answer this questionHave multiple permissions got the same effect? If there is equality among permissions so what would be the effect of each case? And what would be the benefit of diagnosing the different effects of permission in terms of marriage? Having multiple effects of Izn (permission), this research also proves that there are two kinds of permission called subrogating and permissible on which the effect of permission is to be distinctive upon the authorized person who permits and the person who is being permitted ( Azen and Ma’zoon). If the effect of permission is subrogated, depending on the case, the type of relationship would be to substitute for another; otherwise the person who is being authorized would be permitted to marry. This research is conducted by the means of library resources, mainly jurisprudential, through the descriptive-analytical method.

Since the Almighty God mentions the dominance of Men over Women in the Holy Quran ( Nisa’, 34) the concept of “domination” has been on the focus of many commentators and interpreters. From the perspective of the family, the very initial institution in human life, the issue of Men’s domination would be well considered within the context of family. The present study, having a Shiite jurisprudence perspective, seeks to find a reasonable explanation to this. The concept of domination can well be explained based on "Human Interests" in Shiite ideology. According to this ideology there is compatibility between Men’s domination and Human Fitrah (essence), by and large, family consolidation and maintenance. The issue of Gender differences, consequently, should be considered upon the explanation of one’s right and duty.

Self-authority over body studied and approved by lawyers and jurists, turns out to be an issue when it comes in family domain. The reason is that signing a marriage contract is enough to make mutual responsibility for the couple even in case of the above issue. In other words, the issue may be collided with one party’s duty over the other side, for instance with the wife's duty of obedience over her husband.. By the use of descriptive-analytical method, this survey shows that as long as wife’s authority over her body would not collide with husband’s matrimonial right of being sexually satisfied by her wife and also with his overall authority (wilayah) over wedlock, it would be permissible for the wife to undergo any attempt in accordance with her body. The instances of such attempts would be like beauty surgery, pregnancy, organ donation and, last but not least, breastfeed another infant rather than her own child. The edict is effected unless the health and life of the wife or someone else is in danger. On the other hand, if the husband prevents On the other hand, if the husband without justified reason prevents the wife to take any measure, the wife is allowed to do so for the husband’s violation of the wife’s right.

Family lawsuits cover most of the cases brought before the judiciary. The importance of the family and its profound impact on the community and the requirements of family litigations, clarifies the necessity of the special principle governing to the family litigation. It is clear that the acceptance of special principles require the acceptance of special procedure in family litigation. Because the complex rules of the civil procedure cannot provide the speed and ease and accuracy which is the necessity of the family litigation. The new family protection Act was approved to resolve the existing problems and resolve the lack of the law of the family and to some extent it change the rules of civil procedure and in some cases, have innovations. Nonetheless, including substantive issues cause distance of this Act from its main purpose. In this article with explaining the principle of family litigation and by reviewing this Act and some other legal systems such as France and England, we study the procedure governing the family cases from the perspective of these principles. This study will clarify the success of the new family protection Act.

As for the importance of the family maintenance, the legislator needs to predict appropriate social response to deal with any illegal act. In this regard, the act of decriminalization to reduce the adoption of punishment and retribution would be the best solution. This research proves that there are some way outs to fulfill the objectives of decriminalization regarding family crime. Some solutions such as asking for an appeal or taking alternative punishment to replace imprisonment and last but not least the issue of conditional or so to say the semi-release would be introduced accordingly. It is worth mentioning that in this study the discretionary punishment is in the focus, not the retribution such as Qisas and Hudud. It is worth mentioning that in this study the discretionary punishments is in most concern rather than retribution punishments such as retaliation (Qisas and Hudud) . According to the efficiency of decriminalizing ‚ the implementation of this policy can reduce the negative effects of sanctions while in the meantime provides ground to maintain family affairs.

The previous shortcomings in children and adolescents’ criminal provision caused reconsideration on some relevant regulations in criminal procedure code passed in 2013. So the main question is that how much successful have those changes been in order to meet the adolescent’s benefit and also to what extent have the obstacles been removed. This study taking a descriptive- analytical method and using library resources finds that despite some alteration made by the legislator there still some problems remain. Among those are the possibilities of warranty for bail and security only for adolescent not for the parents, the existence of ambiguity in the meaning of Bail and its conditions, issue of claiming bail from a teenager under the age of 18 who simultaneously is admissible to sign a contract.