• OpenAccess
    • List of Articles مهریه

      • Open Access Article

        1 - Guarantee for divorce, legal, moral and legal mediation
        mahmud ghayumzadeh Tahereh Pour Nemati Shams Abad
        Throughout history, apart from the political and religious issues and attitudes and tendencies and desires that are changing and progressive and sometimes in decline, the family as the main institution of each society is influenced by the various factors that make the j More
        Throughout history, apart from the political and religious issues and attitudes and tendencies and desires that are changing and progressive and sometimes in decline, the family as the main institution of each society is influenced by the various factors that make the jurists , Jurists and ethical educators, in order to prevent the collapse of this basic institution of society, in order to secure the family from social anomalies, hands, to achieve various developments, and always at various dangers, including the fall and decline of morality. There are a number of rights and duties in the family. Whether among the various sciences that examine the family and its role in the upbringing of children, ethics is a matter of great responsibility, and perhaps all of the family-related sciences, including social sciences and law-based science, and morality-based psychology, and their own ethics Based on the Islamic teachings and verses, and given that the religious knowledge of the Islamic Shari'a has been given the most attention, the maintenance and preservation of the family center as the safest society of the pillar, it can be said that the science of ethics, The basis of the writing is the rights of the family. Manuscript profile
      • Open Access Article

        2 - Explaining the moral and legal realm of financial rights and property of couples after divorce in Iranian and French law
        Abolhasan  Pahlevani Saleh  Yamerli ali ajbar esmaeile
        Today, the moral and legal realm of financial rights of couples can be studied in various jurisprudential and legal dimensions. Since ethics and law are two issues included in the legislation of each country, it can be said that these two areas are an important source o More
        Today, the moral and legal realm of financial rights of couples can be studied in various jurisprudential and legal dimensions. Since ethics and law are two issues included in the legislation of each country, it can be said that these two areas are an important source of legislative policy of each country in the legislation. Hence, the financial rights and assets of the couple are formed in the direction of morality. The financial rights of couples, in their broad dimensions, include rights such as dowry, halving property, alimony, retribution, etc., each of which is applied in laws such as civil law and family protection law with a special regulation, he's got a special place. In French law, this type of law is also examined under the rules and jurisprudence. In Iranian law, according to Article 1102 of the Civil Code, by concluding a marriage contract, the rights and obligations of the couple, including the financial rights of the husband, are established against the wife, and as a result, after the dissolution of the marriage and separation, The husband is to pay alimony, to be aborted, because one of the principles and means of obligation is marriage. This issue is different in Iranian law regarding the demand for dowry and halving of property and retribution, etc., and these rights can also be demanded by terminating or dissolving the marriage contract. In French law, rights such as claiming alimony can be claimed by the wife in different circumstances, and this issue is mentioned in Articles 212, 270 and 301 of the French Civil Code, and in some respects, the division of property in this country has rules and regulations. It is special. Therefore, the purpose of writing this article is to examine the legal and moral status of financial rights and assets of couples after divorce in the law of Iran and France, which has been studied according to the library method, and as a result it can be said that financial rights and In some cases, the property of the couple has been considered in Iranian and French law and has a suitable position, and ethics has been considered as the basis of the legislative policy of these lawsuits in the judicial procedure. Manuscript profile
      • Open Access Article

        3 - Role of custom and ethics in the financial rights of couples and its effect on crime prevention
        Leila  Radpasand Farhad  Parvin
        After the correct marriage and marital relations between the parties, various rights and duties are established, including financial rights between the spouses. Couples' financial rights are one of the most important parts of civil law, which is intertwined with customa More
        After the correct marriage and marital relations between the parties, various rights and duties are established, including financial rights between the spouses. Couples' financial rights are one of the most important parts of civil law, which is intertwined with customary and moral issues and is an important factor in crime prevention. Therefore, ignoring the role of custom and ethics in the rights of couples causes fundamental challenges in society. The purpose of writing this article is to explain the position of custom and ethics in some financial rights of couples, such as dowry, dowry and alimony from the perspective of Iranian law, Islamic religions and official religions in a descriptive analytical method; Explaining the limits of custom and introducing it, we will finally realize that although custom and ethics in the Iranian legal system, mainly in cases of text silence, have a complementary and interpretive role; But it has a role to play, and in many cases it is used practically in jurisprudence and law. Also, the role of custom in the Sunnah of Tabdan is Hadd, that what is considered acceptable in the custom is also considered acceptable in the sight of God. The role of custom in the rights of minorities (Jewish, Zoroastrian and Christian) is also undeniable according to their own religious customs and traditions, and is a source of rights. Adherence to ethical rules in the realm of the family plays a very decisive role in ensuring the rights of men and women all over the world; Because in many cases, the rights and obligations that couples assume towards each other have no legal obligation and are done solely on the basis of moral considerations. Manuscript profile