List of Articles Adultery

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  1 - Marriage Laws and the Place of Women in Mazdaism
  عبدالحسین لطیفی
  Mazdaism, like other great religions, emphasizes the continuity ofhuman generation through marriage. In this religion, men and womenenjoy relatively equal rights, not only in their marriage but also in someother religious laws. In Mazdaism, the conditions of the marriag More

  Mazdaism, like other great religions, emphasizes the continuity ofhuman generation through marriage. In this religion, men and womenenjoy relatively equal rights, not only in their marriage but also in someother religious laws. In Mazdaism, the conditions of the marriagecontract are as follows: being Mazdian, maturity, not having anyforbidden conditions of marriage, healthiness, agreement of the bothsides, presence of one priest and seven or at least two witnesses.Therefore, the consent of the bride's parents is not simply enough for agirl to marry.In Mazaism adultery is strongly forbidden and is followed bysevere punishments, because it causes the individual distortion, familyweakness and social corruption. From Mazdian point of view, divorceis an improper act and just on the condition of adultery, childlessnessand not performing the husband and wife duties, it is permitted by thecourt. According to the Mazdian religion, marriage is a religious dutyand in fact, it is the first social duty of a mature man or woman,because, through increasing Ashavans (righteous men and women), thegood will be strengthened and the evil will be defeated. Manuscript profile
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  2 - Marriage Laws and Ceremonies in Hinduism
  A. Latīfī
  This article is arranged in two main sections: the first part examines someinjunctions of marriage such as: contract of matrimony and its veracity, therelations of spouses in matrimony, their obligations with each other, forbiddencases of the marriage, and adultery.Sinc More

  This article is arranged in two main sections: the first part examines someinjunctions of marriage such as: contract of matrimony and its veracity, therelations of spouses in matrimony, their obligations with each other, forbiddencases of the marriage, and adultery.Since marriage possesses a high significance in all religions, precepts ofmarriage are among the most important religious rules in Hinduism too.Marriage has a determinative role in individual and social situation of menand regulates their relations in society.The second part is allotted to ceremonies of marriage in different eras likeSutra and Vedic time.In this section, ceremonies of wedding, marriage proposal and choosing ablessed day for wedding are considered. Manuscript profile
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  3 - Jurisprudential and Juridical Review of Solemn Malediction and its Role in Facilitating the Divorce Process of Couples
  Mahnaz AsgariGhonche Mahdi Mirdadashi Mohammad Sadeghi
  The purpose of the present study is jurisprudential and juridical analysis of solemn malediction and its role in facilitating the divorce process of couples. The method of study is descriptive-analytic and the results showed that with respect to jurisprudence and expedi More

  The purpose of the present study is jurisprudential and juridical analysis of solemn malediction and its role in facilitating the divorce process of couples. The method of study is descriptive-analytic and the results showed that with respect to jurisprudence and expediency of maintaining the couples' life, it deems appropriate to execute solemn malediction, if its executive conditions and principles exist. Couples in some cases reach a dangerous stage where they cannot bear each other due to intense hatred, so the holy legislator wants to cut the relationship between them completely and permanently as soon as possible. It also prevents the couples to execute arbitrary punishment by themselves because in such circumstances lengthening the process of divorce is so risky. Therefore, it is suggested that the legislators by completing juridical deficiencies of the institution of solemn malediction and also executers by raising awareness in terms of this divine rule and consequences of false accusation of adultery to women, make use of the wisdoms in this institution to prevent family crimes and decrease social harms. Manuscript profile
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  4 - A study of misogyny and feminism in Jami's perspective (Relying on Lily, Majnoon, Salaman and Absal)
  roghaye khorami mahnaz ramezani zohreh sarmad
  10.30495/dk.2021.1930203.2262
   From the past until now, the position and image of women in Persian literature has not been the same and in different historical periods, manifestations of feminism and misogyny can be seen in literary works. Jami, as one of the poets of the Timurid period, has in More

   From the past until now, the position and image of women in Persian literature has not been the same and in different historical periods, manifestations of feminism and misogyny can be seen in literary works. Jami, as one of the poets of the Timurid period, has introduced different manifestations of women in his poems. In this research, with a descriptive-analytical method, the contradictory view of Jami's view about the appearance of women in the two Masnavi of Lily and Majnoon and Salaman and Absal is investigated. The purpose of this article is to analyze femininity (Lily and Majnoon) and misogyny (Salaman and Absal) in Jami's poems. Examining the image of women in these two Masnavi shows two opposing views in Jami's works, as in Lily and Majnoon it presents a positive image of the characteristics of women such as the manifestation of the divine spirit, wisdom, loyalty, chastity, etc., and in Salaman and Absal, the woman. He has introduced a deceitful being, imperfect of intellect, a means of seeking men, unfaithful, an infidel of blessings, ill-tempered and ignorant. Although sometimes in Lily and Majnoon we rarely see misogyny from the language of slanderers against Lily; This can be both the political, social and cultural context of the Jami period and his personal views on misogyny and the glorification of storytelling and symbolism. Manuscript profile
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  5 - Sentence of Stoning and its Execution in the Absence of Kobra
  ahmad beheshti vahid vahed javan
  The sentence of stoning is one of the certain provisions in Islam.This sentence can not be educed directly from Holly Quran. Traditions in this area are abundant and in terms of the document are reliable. It should be noted that the philosophy of stoning sentence like More

  The sentence of stoning is one of the certain provisions in Islam.This sentence can not be educed directly from Holly Quran. Traditions in this area are abundant and in terms of the document are reliable. It should be noted that the philosophy of stoning sentence like other Punishments is to prevent corruption and great anomalies of the society. On the other hand, despite the fact that there is no reason for assigning stoning sentence to special time such as presence time, there is no license to abandon these verses and traditions too. Manuscript profile
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  6 - Documental and Implicational Study of Stoning Decree
  Aliakbar Rabinataj Zeynab Zargar Hajar Asadi Mojtaba Hosseinezhad
  Doctrine of Islamic punishment aims to create individual and social security for the society. Also, safety of the society is depended on stability of the foundation of family. Stoning is a fixed and necessary decree from the perspective of the majority of Islamic sects, More

  Doctrine of Islamic punishment aims to create individual and social security for the society. Also, safety of the society is depended on stability of the foundation of family. Stoning is a fixed and necessary decree from the perspective of the majority of Islamic sects, but some groups deny it based on their different viewpoints. The judicial approach is one of the most important approaches, because in addition to consensus, numerous traditions will corroborate this decree. These traditions are divided in terms of meaning in two positions: Evidence and Proof. Therefore, although some of the opponents accept these traditions in the position of Evidence, but others reject it in terms of Proof or implementation of stoning in the era of The Prophet and Infallible Imams, and so they try to show them invalid by criticizing the text and document of these traditions too. This study, by explanatory and analytical method, checks the validity of the traditions of stoning decree implementation in the four books of Shiite. The findings indicate correctness of these traditions and implementation of stoning in the era of The Prophet (pbuh) and after it. Manuscript profile
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  7 - Assigning Natural Children to the Parents in Shiite Jurisprudence and Iranian Law
  asalan veysi ehsan zarrokh
  According to Iranian law, rights of the natural child can not be attributed to parents. Shiite jurisprudence doesn’t assign natural children to their parents too. In this respect, the civil law and legal doctrine are discussed. The main reasons of the mattress are tra More

  According to Iranian law, rights of the natural child can not be attributed to parents. Shiite jurisprudence doesn’t assign natural children to their parents too. In this respect, the civil law and legal doctrine are discussed. The main reasons of the mattress are tradition and consensus. The reasons are not without difficulty. In this regard, opponents consider the nature and reality of customary lineage that is the abstract and foreign origin and the necessity of justice have the opposite opinion. Many lawyers' rule contained in Article 1167 of the Civil Code with regard to the majority of jurists have interpreted to deny parentage. However, other measures may reduce the strength of this view. Iranian lawmakers seem to not fully comply with the majority of jurists. The legislator attributed natural child to the parents. Manuscript profile
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  8 - A New Theory in the Method of Punishment for Women’s Exile
  mehdi movahedi hadiseh borhani
  The exile punishment is considered as one of the rulings of Islam’s penal system that is issued in terms of the guilty person’s gender and based on the interests and vices. According to the popular opinion, women are excluded in the cases of adultery and Qiadah, yet More

  The exile punishment is considered as one of the rulings of Islam’s penal system that is issued in terms of the guilty person’s gender and based on the interests and vices. According to the popular opinion, women are excluded in the cases of adultery and Qiadah, yet gender is not considered in the war-related exile. The present paper introduces a method of absolute issuance for women’s exile with a new look into the existing views and studying every related claim and a special regard for changing the subject considering the time requirements (e.g. new communication media becoming widespread, the increasing popularity of communications through cyberspace, road developments and facilities, and transportation, etc.) when choosing a method for administering the punishment (e.g. being deprived of mass media, audio-visual media, and participating in virtual social networks, etc.) i.e. assigning its administration method to the ruler. Although this analysis applies to men too, raising it on women’s exile is due to the fact that the justification of the act of opposing women’s exile is because of the possible vices that might arise from her being away from her town and country which will be inconsistent with her chastity and veil. Therefore, this justification pales into insignificance with the prescription of nonphysical exile instead of other methods and its generalization gains strength accordingly. Manuscript profile
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  9 - A Historical-Juridical Survey of Women’s Exile in accordance with Adultery Punishment Based on Feyz Kashani in his Mafatih Al-Shara'i'
  Abbas Taghvaei Hossein Saberi Hossein Naseri Moghadam
  10.22034/ijrj.2019.665194
  The analysis or criticism of any of the thousands of jurisprudence issues which have been noticed by scholars in the related fields is of great importance which determines the role and position of each of the experts and prominent Shiite scholars in the development of r More

  The analysis or criticism of any of the thousands of jurisprudence issues which have been noticed by scholars in the related fields is of great importance which determines the role and position of each of the experts and prominent Shiite scholars in the development of related basic subjects preparing the ground for proposing innovative issues in Islamic realms suitable for our modern time. Among these, the controversial issues are of more importance; therefore, we deal with one of them here, that is, the deportation of women due to adultery for which two viewpoints namely as the prominent (the opposing group) and the insignificant (the proponents of deportation) exist. In the current paper we are dealing with Imami Shi'a jurisprudence of historical trends with regard to this issue accompanied with the reasons of each of the above-mentioned groups especially Feyz Kashani’s. This is due to the reason that he has a special position in criticizing famous viewpoints even the social ones. Manuscript profile
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  10 - An Approach to Public Disclosure as a Punishment in Shiite Jurisprudence focusing on Iranian Statute Law
  Zahra Mohadesi Abbas Ali Soltani
  10.22034/ijrj.2017.535539
        Public disclosure "Tash-heer" is one of the discretionary punishments which most jurisprudents consider as the chief punishment against perjury (false testimony) and according to the jurisprudence, it can also be enforced against false accusers of a More

        Public disclosure "Tash-heer" is one of the discretionary punishments which most jurisprudents consider as the chief punishment against perjury (false testimony) and according to the jurisprudence, it can also be enforced against false accusers of adultery ( Qazif), pimp (Qawad), defrauder (swindler) and insolvent. There are disagreements among jurisprudents regarding the philosophy, the cases and the qualities of enforcement of the public disclosure.  In the Iranian Statute Law, the public disclosure (Tash-heer) has also been recognized as one of the discretionary punishments and in various laws, including two important criminal laws, i.e., Islamic Penal Code and Criminal Procedure Code, cases applied and the method of enforcement has been stipulated.Today, two important questions are put forward in this regard: Firstly, can public disclosure as a punishment be used against offenses other than the crimes mentioned in the jurisprudential texts while having recourse to the unity of a single criterion (Vahdat-e-Melak) and manipulation (Tanqyh Manat) against other offenses including the emergent crimes? Secondly, despite the development of the societies and the advancement of technology and the emergence of the mass media such as TV, newspaper, internet, etc. shall public disclosure as a punishment be enforced as it was previously practiced and turn the offender around in public and/or can these media be used for the enforcement of the public disclosure? Subsequent to studying and conceptualizing the public disclosure in jurisprudence, stating the cases, the philosophy and the quality of enforcement of the public disclosure as well as expressing the views of the jurisprudents and also the status of the public disclosure in the Iranian Legal System and as stipulated the relevant legal articles, this paper makes an attempt to respond to the above mentioned questions through a descriptive and analytical method.  Manuscript profile
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  11 - The philosophy of "Ehsan" in Sexual Offences Requiring Fixed Punishments (Based on the Islamic criminal law of Iran, 2013 penal Code)
  Adel Sarikhani
  10.22034/ijrj.2017.532744
        In Islamic criminal law, substantiation of Ehsan, undeniably affects the punishment of sexual offenses. Ehsan is defined as a situation when an adult man or woman-being permanently married- having the experience of vaginal sexual intercourse with hi More

        In Islamic criminal law, substantiation of Ehsan, undeniably affects the punishment of sexual offenses. Ehsan is defined as a situation when an adult man or woman-being permanently married- having the experience of vaginal sexual intercourse with his or her spouse in state of maturity and sanity, in which both men and women have the possibility to have sexual intercourses again and repeatedly whenever they want. For  instance in terms of  rape, which  the death penalty is required , Ehsan will not have any effects , in other words, for imposing punishment it is not important that the rapist to be married or single, however,  in some circumstances it would amount to both Rajm (stoning) and  Jald ( i.e. lashing one hundred times) or it would intensify the punishment  (i.e from Jald to Rajm) .Nevertheless according to the Islamic criminal law of Iran, 2013 penal Code, with the permission of judiciary head, the court has been given the authority to mitigate mentioned punishment to the  Execution ( a type of death penalty other than Rajm) or Jald  when imposing  of Rajm  is not possible. Although such flexibility is admirable, the code is criticized at this context by the experts. The 2013 code in terms of sodomy recognize Ehsan as a requirement for intensifying the punishment of Jald (Lashing) to the death penalty, but the code does not  apply Ehsan to intensify the punishment of lesbianism. In some sexual offences, regardless of the punishment, Ehsan will change the situation of an offender from undeserved for the death penalty to deserve it. This article at first is to have a review over the effects of Ehsan on sexual offences, and then explains the etiology of intensification of punishment in this regard; and finally criticizes the new provisions on Rajm in Islamic criminal law of Iran, 2013 penal Code.   Manuscript profile
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  12 - Jurisprudential-legal study of Arsh al-Bakareh and Mehr al-Mathl
  Hojat Arab Sheybani Abdolazim khoroshi
  Arsh al-Bakareh and Mehr al-Mathl as compensation for the removal of virginity are among the concepts that are discussed in the two areas of criminal law and civil law. In this research, with a descriptive-analytical method and by considering various regulations in the More

  Arsh al-Bakareh and Mehr al-Mathl as compensation for the removal of virginity are among the concepts that are discussed in the two areas of criminal law and civil law. In this research, with a descriptive-analytical method and by considering various regulations in the mentioned fields and also by considering the jurisprudential teachings, we have reached the conclusion that the basis for paying the dowry is intimacy and the basis for paying the throne of virginity is the removal of virginity. In addition, although the proverb in the words of the jurists and the appearance of the narrations does not indicate the compensation of moral damages and is paid to a virgin or a woman due to the benefit of the woman in adultery by rape or reluctance, but from the point of view of civil liability law Some cases are compatible with moral damages. In addition, there is no conflict between Articles 658 and 231 of the Islamic Penal Code of 1392, and in accordance with the rules of civil liability, if the removal of virginity is done with sexual intercourse or non-sexual intercourse and with consent, there is no guarantee. Manuscript profile