Abstract:
One of the fundamental principles of jurisprudential deduction is wisdom. If Islamic command are not found in holy book and traditions, or there is no consensus, religious perception can be inferred through wisdom. Wisdom is like an inner prophet. In the era of occultation a jurist or a religious leader can render an appropriate sentence (verdict) on the basis of collective and individual criterion. The emerging issues and development in Islamic community infrastructure are some of those criterion. In Quranic context there is nothing about blood money inequality between men and women and generally life is placed for life, Quran (5:45). The verdict regarding unequal sentence is goes back to tradition in prophet's time. It is said that the reason of inequality of blood money was the greater responsibility of the man in economic matters of the family and his position as head of the family. Without any doubt in the modern era, the undeniable presence of women in the work place and production, as well as in urban or rural areas, in science, technology, teaching can not be ignored. So, as their impact on household livelihood and economic value in society which is equal or higher than some men, public interest requires that under special circumstances such as time and change in the nature of cases, the above mentioned inequality be set aside. In a society which is administered by a religious leader, women's blood money inequality can be removed under general warrant. In the light of the Holy Quran the present article attempts at explaining the principle of ease as a fundamental element which governs Islamic legislation and it's place as a method which is based on the element of ease and common goodness in Islamic legislation. It also presents a practical pattern of legislation in the domain of family to modify the family law on the basis of ease which is in consistent with sharia law. Hence after explaining the jurisprudential concept of Islamic ease, it's back ground, as the base of legislation in Islamic countries is reviewed as well. With reference to the basic principle of legislation in Iran since the time of constitutional government up to now and the controversies between the present legislation with the basic principle of Imamieh belief and the position of principle of ease in legislating Iran's family law, we can tell that although legislature has not taken into account a clear principle in legislating family law, still in some cases in order to prevent hardship and malicious damage, certain rules are observed.Laws regarding giving custody to legally qualified parents and marriage license issued to a mature girl without her father's consent and officially recognizing the court of judgment on divorce are examples of this case.
Machine summary:
One of the important issues raised in today's society, regarding defensive jihad is women's role in protecting the sanctuary of religion and Islamic values so as to achieve all the virtues man acquires through Jihad.
With reference to verses and traditions as well as religious books and statuary law the present article studies women's role in holy war and economic war (jihad).
Key words: dowry, consequences, third party, obligation, stipulation, liability, marriage dissolution Jurisprudential Approach on the Role of Media on Birth Control Atiye Moghadamfar Abstract The present era is named the age of media and communication.
Keywords: unequal blood money, rational ways, government decree, interest, demands of the age Legal Obligation or Satisfactory Authority of Eugenic Scheme and Selective Reproduction Based on Genetic Information Zahra Sadat Mirhashemi Abstract One of the disadvantages of increased access to genetic test data is the likelihood of discrimination against people and abusing this data in the field of eugenics What is known as an attempt to limit the defective genetic trait, might in practice become a policy aimed at creating a specific race.