Alireza Asgari Articles List

List of Articles Alireza Asgari

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1 - Effects of Wifeâs Psychiatric Disorders upon Alimony
zeynab mashhoudi hassan abdeian seyyed mohammad mehdi ahmadi alireza asgari
20.1001.1.26455013.1394.11.40.5.2

Wifeâ€™s insanity should be separated from other mental disorders in the discussion of family relationships. It is essential to distinguish incurable mental disorders from incurable ones, because the lack of such a distinction leads to the violation of dementia-affected More

Wifeâ€™s insanity should be separated from other mental disorders in the discussion of family relationships. It is essential to distinguish incurable mental disorders from incurable ones, because the lack of such a distinction leads to the violation of dementia-affected wifeâ€™s rights. Thus, it is necessary to investigate the rights of such wives in receiving alimony from the perspective of jurisprudence. The present article examines the various forms of mental disorders and wifeâ€™s ability to obey her husband when he is aware of her condition. A dementia-affected wife is able to obey her husband and there are various ways to retain her rights. In case of curable mental disorders, she is able to obey her husband and nervous fits are only temporary. If, however, the wife does not obey deliberately she is not entitled to any alimony since she has the power to do so but she does not on purpose. In case of incurable mental disorders, the wife is unable to obey her husband due to the nature of such disorders, not due to Nushuz (marital discord) nevertheless, she is entitled to receive alimony although she cannot obey him. Manuscript profile
Open Access Article
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2 - Effects of Wifeâs Psychiatric Disorders upon Custody
Zeynab Mashoudi hassan abedian mohammadmehdi Ahmadi alireza asgari
20.1001.1.26455013.1394.11.41.6.5

Â Â Â One ofÂ the current challenges is the issued verdicts regarding the custody of mothers suffering from mental disorders which, due to lack of accurate regulations, causes these people to be categorized as insane individuals. This study is aimed at distinguishing More

Â Â Â One ofÂ the current challenges is the issued verdicts regarding the custody of mothers suffering from mental disorders which, due to lack of accurate regulations, causes these people to be categorized as insane individuals. This study is aimed at distinguishing mental disorders from the insanity of the mother so that we could help enact laws and regulations to protect the rights of these persons. Findings of this study are as follow: if the mother is suffering from mental disorders, first the type of mental disorder should be determined for the court and after that her eligibility for the custody of the child should be investigated since mental disorders come under the general term insanity and are categorized into three groups: schizophrenia, minor insanity and foolishness. If the mother is suffering from a mental disorder, her right to the custody cannot be taken away based on their insanity. In cases where the mother is suffering from minor insanity or foolishness, proper mental conditions exist for granting the custody and in some cases even the custody itself can make the mother recover from her mental problem. However, a mother suffering from schizophrenia is not curable and she cannot be granted the custody of children because it may be detrimental to the children in which case she cannot have the right to custody. Manuscript profile
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3 - The Validity of Judge's Ijtihad Reasons and its Criticism
Alireza Asgari Mostafa Ameri
20.1001.1.26455013.1394.11.39.3.8

Since adjudication is one of the most essential and important subjects in the religious jurisprudence and law, the qualification of the judge is very important and so Islam underlines the competence and jurisdiction of the judges. This issue was negotiated from the time More

Since adjudication is one of the most essential and important subjects in the religious jurisprudence and law, the qualification of the judge is very important and so Islam underlines the competence and jurisdiction of the judges. This issue was negotiated from the time of Sheikh Tousi but in the last couple of century some open handed jurists that practically have tried to end the hostility have studied different sides of this subject more considerably. One of the conditions for the qualification of judge especially in religious jurisprudence is Ijtihad (divine law on matters of theology and law). The most famous jurists believe that Ijtihad is necessary in adjudication. They have indicated the narrative and rational reasoning about Ijtihad. The author of Javaher believes that only the Mojtahids who have all conditions are allowed to be a judge. On the contrary, some jurists, mostly the modern ones, believe that Ijtihad is not a necessary condition in adjudication and they talked in considering the lack of reasons that know Ijtihad a condition and the other persons who arenâ€™t Mojtahid can also be a judge. This article explains the forgoing aspects and then with the study and research about the theoretical principles of the common Ijtihad of judge, according to reliable documents, proves that Ijtihad for judges is not necessary. Manuscript profile
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4 - Diya for Women and the Legal Policy of Iran: From Commitment to the Principles of Islamic Jurisprudence (fiqh) to Human Rights Standards
Ghader Ahmadi Ahmad Moradkhani Sayyad Mohammad Mahdi Ahmadi Aliraza Asghari
10.22034/ijrj.2020.671692

20.1001.1.26455013.1398.16.58.1.5

The obligation to compensate for the damages incurred on individuals is regarded as one of the most important principles of Fiqh and Law, and the bodily harms to women are included among compensable bodily damages. In case of harm, a financial compensation known as Diya More

The obligation to compensate for the damages incurred on individuals is regarded as one of the most important principles of Fiqh and Law, and the bodily harms to women are included among compensable bodily damages. In case of harm, a financial compensation known as Diya is paid to the injured person, while in the pre-revolutionary laws of Iran, no reference was made to such financial compensations for damage.  But with the victory of Islamic revolution and adopting of the Constitutional Law, an appropriate ground was developed for the judicial system of Iran to be adapted with Islamic legal principles as well as with the Shi'a Twelver doctrine. With the enactment of the Diyat Law, the amount of Diya for women was reduced to half the amount of Diya for men, in some cases. Due to the perception that exist about Islam enjoying a perfect legal system and assigning a fundamental role to women as well as the international adverse publicity of the ongoing law, the Legislature proceeded to resolve the problem of inequity of Diya for women and men re-codifying the Islamic Penal Code, enacted 2013, in order to disregard the gender for damage compensation and to observe the international norms. The legislators introduced the law that the government has to pay the balance of inequity of Diya for women. Manuscript profile

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List of Articles Alireza Asgari