فصلنامه مطالعات راهبردی زنان
پیاپی 100 (تابستان 1402)

Establishing the foundations of the family and raising children is one of the fundamental concerns of Islam and Islamic jurisprudence, which is well reflected in the relevant laws. According to Article 1104 of the Civil Code, "spouses should help each other in building the foundations of the family and raising their children". This legal article is dedicated to the relations, duties and non-financial rights of couples. The purpose of writing the article is to explain the issue of support for spouses and to examine whether or not they are required to support from the point of view of jurists and jurists. The research method in this article is descriptive and analytical. Jurists and jurists have different opinions regarding the nature of support for spouses (Article 1104). Some believe that the mentioned article has a legal aspect. A group of jurists believe that the provisions of the article are moral. The most important results of the article are: the link between ethics and jurisprudence in the issue of spousal support, and the influence of ethics on jurisprudence propositions, is clearly evident; The loyalty of couples towards each other helps a lot in building the foundations of the family. Raising children by parents is a task assigned to parents by Sharia and law, and couples are obliged to cooperate with each other in this field. In some cases, the violation of assistance has the guarantee of criminal and civil enforcement, which indicates the government's interference in the family institution,

Citizenship is the legal-political relationship of a person with a government, and as a result, granting citizenship is considered a sovereign matter. Therefore, each of the legal-political systems of the world impose strict rules for granting citizenship and accept only those who have successfully passed numerous political, economic, social and cultural tests and have proven their affiliation with that political system. to be Although the legal system governing citizenship, especially in articles 976 of the Civil Code, regardless of the nature of citizenship, in order to honor women Iranians and the provision of social services to their children from marriages with non-Iranian men, widely prescribed the granting of Iranian citizenship to these children with the additions of the place of reflection and caused damage to the body of the system of granting citizenship in Iran and the dignity of women. The negative effects caused by the implementation of this law, despite the short period that has passed since its approval, can be seen by disrupting the order governing the granting of citizenship in Iran, and the need to amend this law and other laws related to citizenship is felt more than ever. In response to the question "what challenges does the legal system of granting citizenship to people, especially children of Iranian mothers, and how should it be solved with a humane approach?", the present article, with a descriptive-analytical method, made suggestions to reform the citizenship system .

Mehr al-Mazl is a financial measure that is proved for the woman in cases such as marriage without specifying the dowry (depending on the situation), the relationship caused by doubt. The civil law is silent about the maximum allowed amount in determining this seal. It may be said that due to the fact that the legislator did not mention the limit of mehr al-mathl, the principle is that there is no limit. While the basis of this discussion is in jurisprudence. When referring to the fatwas of the jurists, it can be seen that there is a difference of opinion among the jurists in this field. Some believe in not determining the limit, some believe in detail, and a group like famous jurists and some contemporaries like Imam believe that Mehr al-Mathl should not exceed the amount of Mehr al-Sunnah. Considering that according to Article 167 of the Constitution, in cases of silence of the law, it is necessary to refer to the valid fatwas of jurists, this idea is created that a limit should be set for the mehr al-mathl in law and more than the mehr al-sane should be returned to the couple. This research, using the library method and descriptively and analytically, examines the opinions of determining the limit for Mehr al-Mazl, and finally, the opinion of not determining the limit is accepted and it is suggested to clarify this issue in the text of the law.

In some cases, debtors try to transfer property to others with the intention of escaping from debt payment; in such a way that the remaining property is not enough to pay the debt. In order to criminalize the assumption mentioned in Article 4 of the Law on the Execution of Financial Convictions approved in 1377, it was clearly considered a condition that the debt be documented by enforceable documents or that it is preceded by a court order. In the said law in 2014, in article 21, the mentioned conditions were removed, and considering the verbal evidences in the article and the tone of the legislator, this doubt comes to mind that despite the change of the said law, the position of the legislator has not changed and, as before, the religion must have been proven by the court order and Therefore, the mandatory documents must also be issued by the court, so that they can be criminally prosecuted and subject to the criminal liability mentioned in the mentioned article. The same thing was determined even in the cases where religion was dowry; unanimous opinions were issued by the branches of the Supreme Court of the country and finally led to the issuance of the unification opinion of procedure 774, in which the necessity of having a previous conviction to pay the debt is emphasized. Religious apostasy has been discussed in criminal jurisprudence and the basis of its criminalization, and the conclusion was reached that conviction has no effect on...

In Islamic law, spouses have certain duties and responsibilities towards each other that they must try to fulfill as soon as they get married. In the law, the duties of spouses towards each other are mentioned under the title of special and general obedience. Now, if the wife has done the work that is not her responsibility according to Shari'a and for that work, she will be rewarded according to the husband's orders and with the intention of not giving alms, she will be entitled to receive the reward according to the conditions.This research has been investigated and studied with the aim of negating the view of paying less wages to working women using jurisprudence rules and based on the analysis of judicial opinions issued in this field. The method of this research is of a descriptive-analytical type, using the jurisprudential rules of lazarr, Mysore, negation of difficulty and harm, and respect for property and definite action, to criticize the point of view in favor of paying less wages to working women.