نشریه مطالعات فقه و حقوق رسانه
سال دوم شماره 1 (پیاپی 3، بهار و تابستان 1399)

Temporary marriage, which is commonly known as "concubine", is one of the prominent institutions in Islam, along with permanent marriage. Muslims agree on the legitimacy of Mutah during the Prophet's (PBUH) period; But they differ on whether this Shariah rule remains after the Prophet or not. The validity of this marriage is based on the verses of the Holy Quran, the Sunnah of the Holy Prophet of Islam and the traditions of the Imams of Athar. Islam suggests Mutah to solve the problem of all those who are unable to marry permanently and its heavy obligations. Nevertheless, paying it in the media has been associated with a positive approach. The historical course of the media in discussing movies and serials from; The movie Shukran (1379), Private Life (1390), What Men Don't Know About Women (1392), the series Everything Is There (1393), In the Known Period (1394) and Aghazadeh (1398) show its ugliness and bad ending. It is paid by popular visual media. Undoubtedly, the manifestation of this issue in the future will close the hands of social and cultural planners to face social crises such as raising the age of marriage and responding to the society of women and men who have lost their spouses or their marital relationship has stopped. However, the validity of temporary marriage in the current conditions is required in terms of customary conditions and legal frameworks for the needs of special vulnerable people and is not considered part of emergency and urgent programs. However, this attack is not close to this divine and religious matter.

Today, we are faced with a new term called "child labor in the virtual space" or "Instagram child labor," where children are not poor like traditional child laborers in the real world. These are children whose daily activities are displayed in the virtual space with the aim of earning income. They have a large number of followers and face numerous harms and problems. Previously, child labor referred to children who earned income by selling goods on the streets or collecting waste, but easy access to social networks and the internet has given rise to a different type of child with different conditions compared to traditional child laborers. The legislator in Iran has taken steps to pass various laws regarding child labor, but it has not paid much attention to the social problem and the emerging phenomenon of modern child labor. Perhaps this is because the harms of exploitation, forced labor, and the instrumental use of children in the virtual space do not seem significant. By amending laws, criminalizing these behaviors, and developing appropriate laws and monitoring the activities of children in the virtual space, the legislator can find a solution to these problems. This research examines the legal and normative aspects of child labor in the virtual space in the domestic and international arenas using a descriptive-analytical method and a library research approach. It also addresses the harms of the virtual space for children and children's rights in the virtual space.

The right to privacy is one of the most fundamental rights closely related to human dignity, independence, and freedom of individuals. Its basis is respecting the physical and spiritual integrity of human beings. This right has been specified in various national and international documents. Also, one of the main criteria for achieving security in any society is that people feel that their right to privacy is protected. Still, sometimes the privacy of some people may be ignored due to their special status and position in society, such as people who are in the poverty class due to their livelihood and economic situation. Meanwhile, children dealing with poverty may be more affected by the effects of privacy violations, for example, the image or information of the child may be used to gain some economic and extra-economic benefits or even collect donations, therefore, the physical, information, and communication privacy of the child is neglected. This research is a descriptive-analytical method and the method of collecting information is in the form of a library by referring to books, articles, dissertations, rules, and regulations. The research results show that one of the main platforms that have challenged the privacy of children dealing with poverty in recent years is social media, which has become a challenge to their privacy with the publication of children's images and information. The need to protect the confidentiality of this type of people is felt more and more due to their special status and position in society.

The valuable position of the family as the most important social institution has always been a subject of attention and debate. One of the most important topics discussed in family law is family-related lawsuits. In Iranian law, these lawsuits are of special importance and sensitivity, and their resolution requires specific courts and procedural rules. To file a lawsuit and prove all types of criminal and civil claims, sufficient evidentiary reasons must be presented to the competent judicial authority. The issue of proving claims has been a significant part of jurisprudential and legal writings and holds an important position in substantive law. The evidentiary reasons for claims in Iranian law have been enumerated in Article 1258 of the Civil Code and include expert testimony, site inspection, and local investigations. With the advancement of science and the introduction of new tools and productions, the emergence of new information and communication methods has created new types of evidence with different characteristics, known as electronic evidence. This article examines the concept of electronic evidence, its differences from message data, its types, elements, importance, advantages, evidentiary value, and differences from traditional evidence. Finally, it explores the conflicts between this type of evidence and other evidence in family lawsuits.

Safeguarding the foundations of family in the virtual space encompasses various dimensions, ranging from family and societal nurturing to legislative and executive measures. A significant aspect of this issue is the prevalence and inherent limitations of disseminated messages in the virtual space, consequently leading to their repercussions. Prostitution, obscenity, and disclosure of private secrets are the most prominent crimes against family rights in the virtual space, which have been criminalized according to Iranian jurisprudence and criminal law. These crimes essentially violate the moral dignity and fundamental structure of the family. Regarding the prevention  of crimes against families in the virtual space, research findings indicate that the Holy Quran emphasizes ethical reform and spiritual elevation, aligning with its primary mission. Besides propelling individuals towards ultimate perfection and divine proximity, this can effectively contribute to crime prevention. If it becomes possible to redirect cybercriminal motives through educational and training programs, appropriate measures can be taken at minimal cost. However, there are obstacles to achieving this goal, some of which are intrinsic to the nature of such crimes and also exist in crimes occurring in the physical world, such as the identifiable and tangible nature of outcomes, as well as delays in the effectiveness of measures. On the other hand, the characteristics of the cyberspace are perceived by individuals as a secluded environment, free from intrusion and attention, enabling them to fulfill their needs and sexual desires without any hindrances. Therefore, greater emphasis should be placed on implementing proactive social measures for more impact.

Due to technological advancements and the widespread use of social networks, communication between individuals has become extremely easy and convenient. Some individuals have misused this progress and turned it into a destructive space that can potentially disrupt the foundation of families. In fact, virtual platforms, social networks, and satellites have now become a means for profit-seeking and destructive individuals to commit crimes against families. This article aims to examine this issue by providing examples of incidents that have occurred.