فقه و حقوق خانواده

Among the most significant dimensions that involved parents’ minds are the sphere of moral education and of sexual upbringing. A question that may relate to both of these dimensions is this: what is the ruling on the exposing of parent’s privy parts before their children? This question arises from parents’ concern that parent’s nudity before their child might disrupt the child’s sexual upbringing, leading to sexual problems either at that age or later in life. There is also the concern that dignity of the father and mother may not be properly internalized in the child’s character or that the child may encounter difficulties in maintaining respect toward the parents. with the exposing of parent’s privy parts before their or that the child may encounter difficulties in maintaining respect toward the parents.This study, by using qualitative method and documentary analysis, examines this issue from the perspective of Imami jurisprudence. An examination of the ruling on parents’ nudity before their children, based on the four sources of jurisprudence (the Qur’an, the Sunnah, reason, and consensus) indicates that), it is obligatory to cover the private parts from a child who is capable of being taught the concept of permission, even if not yet discerning (mumayyiz) according to the verse of Isti’than (permission-seeking). However, this verse is silent regarding the period before that stage. The narrations affirm the prohibition of parent’s nudity before their children, even those who are not discerning. Also, wisdom and wise men recognize the impropriety of nudity before discerning children, but they remain silent regarding non-discerning ones, and there exists no consensus uncovering the opinion of the infallible in this matter.The conclusion drawn from these arguments is that parent’s nudity before their children is impermissible at all ages.

Abortion has always been discussed throughout history due to its moral, jurisprudential and legal aspects. One of the problems and dilemmas caused by abortion is the decreasing of the young population in countries with a middle-aged pyramid like Iran, So, in order to prevent it, in 1400, the law "Supporting the Family and the Youth of the Population" was approved; However, its implementation - especially in the issue of abortion treatment - has faced many challenges and by applying many restrictions in the field of fetal health and its abortion, has violated the purpose of increasing the rate of healthy and productive population. The purpose of this article is to examine the jurisprudential and legal challenges of therapeutic abortion in the light of the Family and Youth Protection Law and to try to provide efficient solutions to solve the challenges of this field. The collecting data is based on documentary- library materials and the research has been done by descriptive-analytical method. The investigations show that the application of severe restrictions in the field of fetal health and abortion treatment will have no result other than endangering the lives of mothers and increasing the number of criminal abortions and provides the grounds for abuse by the offenders and their profit seeking. Also, due to the different bases and opinions of jurists and lawyers regarding abortion and the time of soul rebirth and the lack of determining a single and specific time for soul rebirth in different sciences of jurisprudence, law and medicine, it is not possible to leave the issuing of permission or disallowance of therapeutic abortion to the judges. And it should be done with the cooperation of jurists, lawyers and doctors regarding the criteria for fetal abnormities to make a correct decision.

The lack of correct criteria in determining cases of sexual violence against a woman by the husband has led to the emergence of various rulings and opinions in the cases of marital sexual violence, and from there, the laws and judicial procedure are based on Imami jurisprudence; The thematics of sexual violence and the re-reading of rulings related to it in jurisprudence are necessary. Several components have been stated for sexual violence against women, including "unconventional sex", "lack of consent of the woman", "injury and loss" and "failure to have sex". In the current research, which was conducted with the library documentation method and is of a descriptive and analytical type and using jurisprudential sources, in the comparison of the aforementioned components with the wife's sexual rights obtained from jurisprudential sources, it becomes clear that the consent of the wife is not involved in obligatory enjoyments and only In cases where it is not part of the husband's rights, if the husband is forced to have a relationship, it will be an example of sexual violence. Also, just having unconventional sex; It is not the criterion of sexual violence, and if it is accompanied by the woman's lack of consent or significant harm to her; It is a reliable criterion. In addition to that, not having sex, which causes the wife's fear of guilt or embarrassment, can also be an example of sexual violence against women.

The right to marriage, in general, means the right of any person to chose of the opposite sex for marriage and forming the family. This right is limited by various restrictions according to the value concepts and customs of the society in which the marriage takes place. In the meantime, the issue of this article is a case study of one of the issues and examples of this right, namely marriage with relatives. The famous public jurists (Sunni jurists) have considered marriage with relatives to be preferable and have issued fatwas to detest it. This approach is contrary to the well-known theory in Imami jurisprudence, according to which marriage with relatives is emphasized. The public jurists and also Allama Hilli, have based their argument on narrations that are apparently documented by the Prophet. This article, based on the descriptive-analytical method and library studies, has concluded that these expressions are narrative-like [not authentic narrations] and are only expressions of folk beliefs and from the the second caliph that have been attributed to the Prophet in the context of time and lack of validity. In comparative law, despite some differences in procedures, the same permissibility or non-permissibility (in terms of illegality and lack of legal recognition of the marriage relationship and criminalization of this marriage in the form of illicit sexual intercourse) is also observed, based on medical research and based on some folk beliefs.

Research problem and purpose: The word "mother", a title that is respected and sometimes sanctified in all civilizations. Especially in the moral practice of Islam, mother and the description of motherhood have a unique position and are even considered women's rights. In addition to this statement; advances in the field of medical sciences and new methods of fertility and compensation for childbirth disability, including the IVF method or surrogacy, in which the embryo of the couple (fertilization of sperm of a woman and an infertile man in a laboratory environment) is placed in the womb of another woman until birth, poses a challenge and jurisprudential complexity to the assignment of the title of mother and the discovery of the real mother. From a jurisprudential perspective, the most important challenge will be to discover the identity and role of the woman who has the womb and assign the title of mother to each of the two women or the theory of true dual motherhood. The formative role of each of the women involved in this process, in accordance with current medical data, raises the question: Can both women be considered real mothers based on jurisprudential references and medical confirmations? In other words, can a child have two mothers at the same time with equal duties and rights? This issue has not been addressed in previous studies, and due to the novelty of the subject, Imamiyyah jurists have not entered into it. The purpose of this article is to examine various aspects of this issue and find a jurisprudential answer based on the criteria of Imamiyyah jurisprudence, including medical data.