Family Law
kadijeh mozafari; Zeinab Hoseini
Abstract
Husband who do not perform certain duties such as payment or sexual relations, cause marital maladjustment and ultimately causes the wife to be dammaged. Despite the attention to this subject in Qur'an, traditions and Shia jurisprudence, it is not well known in Iran's laws and jurisprudence.when a husband ...
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Husband who do not perform certain duties such as payment or sexual relations, cause marital maladjustment and ultimately causes the wife to be dammaged. Despite the attention to this subject in Qur'an, traditions and Shia jurisprudence, it is not well known in Iran's laws and jurisprudence.when a husband does not perform his duties while he has ability to do so, there is a disobedience. Refuse to pay or to have sex, abusing sexuality, being indifferent etctra are examples of disobedience. In current laws financial obligations have been guaranteed by effective performance and even punishment, but there is no guarantee for effective implementation of non-financial obligations such as having sex. On the other hand, on the basis of the current rules, it can be considered that the husband's disobedience leads to distress and constriction of his wife. And on the other hand, this is the violation of the general obligation of Good companionship, so judges for Preventing uncertainty and suspension of wife, can issue divorce, even without proof the distress and constriction. It is also possible to take a more fundamental step by identifying the disobedience in Iranian law, specifying the examples and guaranteeing its implementation.
Family Law
hadi VAHIDI FERDOUSI; ZAKIE NAEEMI
Abstract
The effectiveness of the family law, depends on its efficiency in the society. Any incompatibility of the social and legal system governing the family, will prevent this from being carried out. This damage, which can be observed right now in our legal system, is due to factors that wrong way of enacting ...
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The effectiveness of the family law, depends on its efficiency in the society. Any incompatibility of the social and legal system governing the family, will prevent this from being carried out. This damage, which can be observed right now in our legal system, is due to factors that wrong way of enacting the law is the main element among them. It seems that attention to reality and the study of social studies in a scientific manner, can increase the effectiveness of family law and bring it closer to its main goal. Sociological and historical studies can be leading in this regard. For this reason, we have first provided the historical data needed for this analysis by stating the legislative process in the field of family law, from the constitutional period to the present. The main purpose of this article is to try to provide a solution to increase the effectiveness of the law, and in view of the historical experiences described, we will briefly introduce and propose the "empirical study of law" for this purpose.
Zoha Savadkouhi Far; Seyed Ali Kazemi
Abstract
In 1985 the Afghan jurist Hasim Kamali wrote the following in his book Law in Afghanistan: In Afghanistan, a man may acquire a wife in any one of the following four ways: he may inherit a widow, gain a bride in exchange marriage, gain a bride as compensation for a crime of which he or his relatives ...
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In 1985 the Afghan jurist Hasim Kamali wrote the following in his book Law in Afghanistan: In Afghanistan, a man may acquire a wife in any one of the following four ways: he may inherit a widow, gain a bride in exchange marriage, gain a bride as compensation for a crime of which he or his relatives were the victim, or pay a bride price. Inheriting a widow, exchange marriage and wives as compensation for a crime are all not acceptable according to shari’a standards and of course do not conform to human rights standards. The aim of this article is to explore whether this situation still prevails more than twenty years after the country went through the experience of Soviet occupation (1979-1988), which had a clear tendency to secularise the legal system, the time of re-establishment of the Islamic system during the rule of the Mujahidin, the civil war (1988-1994) and the Taliban who tried to impose their strict interpretation of Islamic law on the country.(1994-2001)
