Showing 25 results for Marriage
Volume 0, Issue 0 (2-2024)
Abstract
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Volume 3, Issue 4 (12-1999)
Abstract
Mohammad Jafar Habibzadeh
Associate Professor, Department of Law, Tarbiat Modares University
Hossein Babaie
Ph.D. Candidate, Tarbiat Modares University
"Homicide at the Marriage bed" means to kill the wife and a stranger at the time of fornication by husband.
According to the 630 article of Islamic punishment if the husband himself sees his wife and a stranger at the time of fornication and killes both of them, he will be exempted from retaliation. Certainly husband has permission to homicide when his wife commits fornication Freely and not with duress or compulsion.
The 179 article of public punishment law, approved in Bot 1925, had been devoted to this subject. In that time law maker without noting religious judicial principls had expanded the application of the law so that the fornication between the wife and the stranger was not a necessary condition And even if the husband saw them in a situation which made him be suspicious, he would enjoy absolute or relative exemption.
About the basis of this exemption different theories are proposed by jurists and lawyers as: self defense theory, incitement theory, to do prescribed punishment, beiny outlaw of pornicator and adulteress. According to religious jurisprudence what has been qouted in the first martyr’s Durus book has been considered the basis of judgment. In this 'article we are going to judicially analyse these theories.
Hosein Bayat,
Volume 3, Issue 11 (12-2010)
Abstract
In many of the Iranian and the world stories, both force and guile are operating events comprise the story. Investigate and psychological and symbolic compare of those popular legends which good and evil forces in their beloved reaching over, shows that in these works, however, appear to benefit the beloved hero acts in subtle and cagey narrative infrastructure And before taking functions based on deception, this battle will be in Median dose and involvement of the opposing forces will conduct their own profit. In such stories, the central character is not the brave prince nor vicious Dave, but the beautiful girl that wishes marriage with the hero and have her own child. In this way, despite the apparent physical disability, using various scheming like secrecy, feminine and magical elements, and even sometimes to hire antiheroes, the real initiative and is available on the course of events towards their desired ending. The joint adventure stories generally setup for this peak point and the common ending: they are well and happy years together they live. " This paper uses views of Northrop Frye, Joseph Campbell, and Bruno Bettelheim. regarding the fundamental structure, number forty Farsi folk tales and that compared with a drop of evidence shows that such a common infrastructure indicative of mental concerns of women in patriarchal times and the women place the narrator or audience of this tales, dreams sweet Dream that are impossible in real life were often deprived of it, the story of a woman in the story of the hero in imaginary world have stories appear. Considering the existence of this feature in ancient stories and romances, these tales may have roots in old narrative structures that can lead them to myths about Matriarchy period.
Volume 4, Issue 4 (12-2016)
Abstract
Aim: This study aimed to: a) investigate the prevalence of women’s marriage above the age of 35 years, b) determine the magnitude of age gap between women and men who want to marry, and c) assess the clients’ information sources in premarital counseling centers about marriage.
Methods: In this descriptive-analytic cross-sectional study, we collected the data of all marriages registered in one year period in two premarital consulting centers in Tabriz City. Also the prevalence of women’s marriage above the age of 35 was calculated. All subjects registered in one month were asked about their information sources about marriage and the age gap between woman and man.
Findings: In total, the median age of marriage for women was 21 years and for men was 26 years. In 5% (no. 980) of all marriages, the age of bride was above 35 years. On average, women were 5 years older than men. The main information source of the couples about marriage was their families followed by mass media like Radio & TV.
Conclusion: A substantial proportion of women’s marriages occur after the age of 35 and this issue necessitates the actions to improve the knowledge of young people about the ideal age for marriage in order to reduce the couples’ problems and decrease the probability of congenital diseases in their children.
Volume 5, Issue 2 (3-2014)
Abstract
Diversity and complexity of family structure and marriage in the Sassanid era is the significant and considerable topic that can be investigated. Emphasis on the continuity of generation, family ancestral and function of marriage in this world and the other world that caused this diversity and complexity, are the most important characteristics of Sassanid society. The old law limited the demand for women's community,while the new law mandates that the Sassanid era represents tangible progress in their affairs and women's rights issues.This article has studied marriage types, related laws with succession, and social – legal status of women. It seems that based on the social rules and privileges of marriage in the Sassanid era, women have accounted for the different tribal communities.However, the family publicly Sasanian society was firmly defined. However, the political and social events closer to the end of the historical period show that the improvement of the social and political status of women has been greatly promoted. On the other hand, if no descendant of the dynasty of the late sons for the succession is not considered as only reason, the increase in the understanding and promotion of political and social topics of women have been effective in their power demand.
Volume 6, Issue 20 (6-2018)
Abstract
Contrary to its similarities with other Iranian ethnicities’ marriage ceremonies, the marriage ceremony in Hormozgan province has differences with them in respect of ceremonies and their procedures. One of these differences is reading Basenaks in various steps of marriage by men and women. Of course women’s frequencies are much higher than men’s counterparts. The present article has been devoted to content analysis and has been done through objective observations and interviews done for investigation of Basenaks and the role of sister– in – Law in marriage ceremony’s Basenaks of Hormozgan and it has been cleared that Hormozgan Basenaks belong mostly to religious types and are read by groom & bride’s relatives. Among audiences of Basenaks are sister and mother of the sister – in – Law. The results of this study show that the role of sister– in – law in Marriage Ceremony’s Basenaks is more prominent. However, the mother attends Basenaks when there appears shortages in the ceremony in a humorous way. The present article studies the role of sister– in – law in Marriage Ceremony’s Basenaks. It is worth mentioning that because of oral and popular characters of Basenaks, there is always the problem of rhyme and meter in Basenaks.
Volume 6, Issue 20 (6-2018)
Abstract
Marriage customs and oral material have very important function in life. Hence they are in categories related to the initiation of the transformation and transition from one stage to another stage shown in the holy life. The symbol in these symptoms and customs, both in terms of material culture and oral culture from the perspective of people are based on religious and philosophical insights. Lyrics general content, in addition to nature of the selection and election of each of the spouses, represents the sensory and emotional currents of modern life. Since any kind of change has always endangered the human mind, in this process, with the help of these songs, they called on the individual to have a different kind of prayer, separated from the crowd, and are guided from the world of daughterhood and son ship to the world of femininity and masculinity and then motherhood and fatherhood. The present study uses a descriptive-analytical method to collect and investigate the structure of Larestan wedding songs in Larestan region. After categorizing it, it analyzes the structure, function and relationship of these native species with customs. The result of the study shows that popular and folk songs, such as universal narratives, include prayers and praises of gods and goddesses, with two epic and lyric themes, and regardless of any kind of anxiety about the change in the religion and the formal attitude of society which reflects the resistance of the collective mind.
Volume 7, Issue 27 (9-2019)
Abstract
In his book; Nashvār al Mohāzirah and Akhbār al Mozākerah, Tanoukhi – the judge and Arabic literary writer speaks about a puppet called “Dobārkeh”. This short report shows well how this puppet is made in Baghdad and is placed on the housetop at Nowrouz night-the ritual which is closely tied to the ancient ceremony of new year especially saint marriage. By relying on the evidence gathered from Tanoukhi’s re-interpretation and extra textual signs of New Year in Babylon and puppet rituals of Iran, this paper tries to unveil the nature of “Dobārkeh” and its link to the goddess of fertility. The most important result of this research is that Baghdad’s inhabitants hold this ceremony and “Dobārkeh” is the goddess of fertility represented in the body of this puppet. Therefore, it is possible to take into account “Dobārkeh” and its rituals in the same vein as Nowrouz theatrical rituals.
Volume 8, Issue 3 (10-2004)
Abstract
Ali Reza Barikloo
Assistant Professor of Law, Faculty of Law, Tehran University
Gender is one of the important factors which has effect on the possessing of somrights. Therefore, if a person changes her gender, it is necessary to consider that what effect this change has on his or hos or her rights. If the rights of such person are resulting from a contract; in this case the role of gender in the contract must be considered; if it has an essential role, the contact is void , while if it has no essential role, the contract is valid but the other party has the right to cancel the contract. The transgender has no effect on the acquired right of a person who has changed his or her gender provided that his or her past gender had not any role on it’s subsist and he or she can posses the other rights in accordance with his or her new gender. In this article, the legal effects of sex-change. in accordance with the legal principles of Iranian Law and Islamic Jurisprudence, have been studied.
Volume 8, Issue 35 (11-2020)
Abstract
Abstract
Girl who Never Laughs. Making the girl to laugh is the condition for marrying her. This motif is a magical act leading to the girl's gestation. It is also a sexual act that links to sexual intercourse. Because of the connection between fairytale and old religious beliefs, it is possible to apperceive two kinds of magical-religious thought in the mentioned motif: based on the first idea, a woman does not need a man to get pregnant and thus pregnancy is related to magical performances like laughter. In the second idea, the role of men in the process of childbearing has been recognized and accepted. Moreover, based on the connection between myth and fairytales, we can retrieve the myth associated with this motif which is now unknown among Iranian mythology.
Research background
On the motif of making a girl laugh, no research has been done on Iranian tales. There is, however, a study by Propp on Nesmejána folktale. Nesmejána is the name of a lesser-known Russian folk story, where the king promises her daughter's marriage if someone can make her laugh. In his hypertext study, Propp finds the historical roots of this story (see Propp, 1994, pp. 124-146).
Aims, questions, and assumptions
In his catalog, Thompson describes the difficult tasks that the hero must do to marry a girl as the courtship tests. He has given the motifs titles of H310 to H350. The motif of H341 is identified as Laughing the Princess; the sad princess does not laugh. In Classification of Iranian Folktales, the difficult tests of marriage are noted, but there is no sign of the girl laughing. However, such a test has been mentioned in Iranian folktales. Some examples are the story of Kachal from the legends of Ashlevar Bala, and the story of Kharkareh from the stories of Farah province in Afghanistan. In the first story, the girl tells herself that she would be the wife of someone who makes her laugh, and in the second story, making the princess laugh is a condition for becoming the king's son-in-law. But why should the hero make the girl laugh to be able to marry her? To answer this question, the myth supporting this motif should be investigated. Since it is thought that making a girl laugh is related to her fertility and consequently laughing makes her fertile, it is assumed as a condition for marriage.
Results and discussion
Propp examines fairy tales from two perspectives: text and hypertext. His research into the text of these stories led to the morphological theory of fairy tales, and his research to find a hypertextual pattern revealed the connection between these tales and the rite of passage. He believes that fairy tales come from the primary and secondary forms. A tale borrows its basic forms from religion and its sub-forms from daily life. Of course, by religion he means old and dead religion, not what the storyteller believes in (Propp, 1994, pp. 87-84). The hero in the previous two tales makes the girl laugh via his intelligence or foolish actions, and marries her. The difficult mission in these tales is to make her laugh; a mission that is not similar to bravery and heroism like killing a dragon at all. This motif shows that making a girl laugh is directly related to marriage, but the source of this connection is not in Islamic teachings. Its origins must be traced back to the pre-Islamic era. It is clear that laughing in these tales leads to marriage / fertility. Therefore, it can be said that there are two factors related to the girl's fertility: laughing and having sex. In this motif, the first is a condition for the second.
If as stated, the fairytale is rooted in an ancient dead religion, we need to see how laughter and fertility are related. First, you need to know that many ancient religions associate laughter with life, and it is considered as a sign of life, like speaking. That is why the mystic is not allowed to laugh in many puberty rituals. This is because the newcomer dies symbolically during the incarnation ceremony and is, then, reborn. Laughter is not only related to life, but it is also the cause of life. Laughter gives life. Thus, some ancient societies buried their dead while laughing (Propp, 1997, p. 134).
Still, one needs to wonder why. It must be said laughing, like crying, is a life-giving magic act. Laughter gives life as the cries of Isis revives Osiris. Among the famous myths, the myth of Demeter and her daughter is closer to the motif of making a girl laugh than any other narratives. When the wrath of Demeter, due to the loss of a child, leads to a devastating drought, Iambe makes him laugh with his vulgar words (Homer, 1994, line 195). This myth tells the story of a belief in a goddess who has fertility at her will. She must laugh to load the ground. The reflection of this goddess and her laughter is in the fairy tale of the smiling flower, too. When the girl laughs, flowers come out of her mouth or roses bloom around her. In the two mentioned-tales, it is the male hero who makes the girl laugh, not the female. This is because these stories represent two forms of a magical-religious thinking and their combination. In the first form, we are dealing with the magical fertility through laughter. This means that the laughter has a magical power and gives existence. The goddess must laugh to be fertile; as a result, the woman has to laugh to get pregnant. Such a thought pattern comes from a society in which only women play a role in fertility process, and if we consider it as an agricultural society, farming is only the responsibility of women, not men. In the second form, the role of men in female's fertility is recognized and accepted. In addition, in the farming community, the man also has a role in the cultivation and harvesting of the crop. Here, man plays a role in female's fertility and woman in land fertility. For this reason, there is no run-away from the intercourse of the goddess and her male pair on the one hand, and the intercourse of man and woman on the other. The result of merging these two forms in the fairy tale is that the hero must make the girl laugh to become his wife, and she does this with the help of a sexual intercourse.
References
Propp, V. (1997). Theory and history of folklore. University of Minnesota Press.
Foley, H. P. (ed.) (1994). The Homeric hymn to Demeter. Princeton University Press.
Volume 10, Issue 45 (8-2022)
Abstract
Research Background
In order to study kinship structures, especially kinship structures in myths, Iranian researchers have benefited a lot from Strauss theories. For instance, Rouh-Al-Amini (1991) carries a study on social marriage structures in Shahnameh based on structural anthropology and Strauss theory, even though there is not an emphatic position of exchange theory in his article. Sattari and his colleagues (2006) have benefited from structural anthropology in their analysis of kinship in Iranian myths, and their study emphasizes on binary oppositions in Strauss’s thinking. In this article, different ways of choosing spouse based on binary oppositions are well shown, although the topic of exchange and merchandising women have not been mentioned.
Apart from studies based on anthropological theories, there are other studies which have been investigating different kinds of marriages without considering any particular theory. For instance, Bagheri and Mirzaiyan (2016) have studied the reasons to get married, obstacles along the way and characteristics of men and women in marriages, and tried to find the ways that marriages have been established in folktales, without having any particular anthropological framework.
Theoretical framework, goals, and questions
Folktales are rich sources for studying cultural and social characteristics of societies. Beyond entertainment, they indirectly transmit values and cultural beliefs to children and young adults. Marriage ceremonies are important part of every culture and they appear boldly in folktales.
Claude Levi-Strauss, the father of structural anthropology, claims that all marriages are based on exchange. From his point of view, men from different groups would hand over women from their group to men in other groups and instead, receive women from them, and that is how marriage took place and eventually the core of social life was shaped. He also points out that women were not only traded for other women, but also for land, wealth, food and even respect. In his opinion, marriage follows the exogamy rules and that is exactly due to those rules that communication between today’s men and great societies is guaranteed, otherwise through endogamy rules, we would be witnessing just close families and the end of social life as we know it (Levi-Strauss, 1969, pp. 478-480).
This article is aimed at posing the question that based on which exchanges, marriage in Iranian folktales takes place? What were women exchanged for? And how and under which concepts the nature of exchanges in marriage got hidden?
This study has been carried out after investigating more than a hundred tale and different marriages taken place in Iranian tales written by Sobhi Mohtadi, Samad Behrangi, Anjavi Shirazi and Mashdi Galin Khanum stories. The study reveals the exchange basis of marriage and tries to analyze the fact that despite all the huge differences in ceremonies, characters and social status, in a lot of cases the structure is the same where the primary core is based on a trade.
Conclusion
As Strauss has stated, the social structuralism in different societies follows a common set of rules and regulations, exchange marriage rules being one of them. Analyzing Iranian tales shows that despite the diversity in exchange rules, they are present in most marriages. Women are traded for treatment, freedom, security, knowledge and education. Wealth too is a very obvious means of exchange in most tales. In some of the stories, women themselves have effective roles and set some conditions for their future spouses, but in most cases, they are treated as merchandise and are offered to other men by the men in their own tribe (usually the father). It is true that real life does not follow the patterns in tales, but the world of folktales is a reflector of the mind of narrators. Thus, it should be said that the exchange rules in marriage has become an accepted fact in Iranian mentality and the folklore is a clear reflection of it.
References
Levi-Strauss, C. (1969). The elementary structures of kinship (translated into English by J. Harle Bell and J. R. von Sturmer). Beacon Press.
Volume 11, Issue 1 (10-2019)
Abstract
Abstract
This study examines One of the socio-cultural categories of contemporary Iranian history, The rate of early marriage for girls in in Tehran city During the last two decades of the Pahlavi regime. This article, In other words, With emphasis on the project of modernization of the second Pahlavi regime during the two decades of the forty-fifty, examines The effects of this modernization project on the Tehran city Focusing on the three indicators of urbanization, the social status of women, and the level of education and literacy in society, And then in the framework of the theory of modernization Analyzes the relationship between these components of the macro-scale transformation at the community level with one of the social phenomena, namely, the rate of early marriage among girls During the same period of time. The research method in this paper is a secondary analysis based on quantitative and qualitative data, in addition, Methods and Tools for the Data collection was the Library and Documentary study that was conducted by taking notes and Calculation of the Statistics and raw data. The findings imply as the second Pahlavi regime's efforts to modernize and develop in the Iranian society increased and as a result, urbanization, the social status of women, and the level of literacy in the urban community of Iran followed a rising trend, On the other hand, Reduced the Early marriage rates for girls.
Volume 11, Issue 2 (3-2020)
Abstract
Reflections on the issue of marriage and divorce in Iran during the gajar era and the kind of society's view of it Relying on foreign travel logos Iran,
In period of gajar, saw the presence of Europeans for various commercial, political, religious, military, and tourist destinations. A group of these Europeans recorded their daily observations in the form of travel logs. The Iranian folklore, including beliefs and beliefs, as well as the customs of the Iranian people of the gajar era, can be viewed and extracted from the context of their notes. Travel writers for some reasons, such as the external look of Iranian society, Western curiosity, etc., have provided valuable material to researchers of the cultural and social history of the gajar period. For example, the Iranian perspective on the cultural issue of marriage and divorce, which is one of the most significant aspects of the Iranian identity of the gajar period, can be cited. The present research responds to the question of how European journalists from the gajar era have drawn one of the most important customs of Iranians, namely marriage and divorce. The purpose of this paper is to examine the status of marriage and divorce and the expression of the value and position of the woman and the kind of society's view as one of the most important aspects of Iranian identity of the gajar period from the viewpoint of gajar periodical travel writers, which is based on descriptive-analytical method Travel logs are written.
Volume 11, Issue 4 (1-2012)
Abstract
Marriage is a demographic, social and economic phenomenon and age of marriage is a good instrument for its analysis. Age pattern of marriage among women in Iran has recently changed. Mean age at first marriage increased from 19.9 years in 1986 to 22.4 years in 1996 and to 23.3 years in 2006. In this article various factors affecting age of marriage are identified. An economic approach to define and identify parameters and variables of the model and the mechanisms that affect marriage and its timing are also used. Under this approach an econometric model to identify socioeconomic factors affecting women’s marriage pattern in Iran is developed. Data is from the 2001 Socioeconomic Survey of Iranian Households and the 1996 census of Iran. Proportional Hazard Cox Regression model is used to analyze data. The application of Proportional Hazard Cox Regression technique indicates that education has a statistically significant and strong positive effect on woman’s age at the first marriage. Other significant factors include rural–urban residence, ethnic group, age group, and socioeconomic status of the household.
Volume 11, Issue 52 (9-2023)
Abstract
This article examines the cultural and native characteristics of marriage rituals in Fars province's southern regions, focusing on Alamarvdasht. Through ethnographic research, data was collected in the field and through interviews with locals. The study analyzes the ritual, emphasizing its unique elements and connections to "rites of passage." By showcasing the diverse customs and beauties of the region, this research contributes to understanding and appreciating Fars province's cultural heritage.
Volume 11, Issue 54 (12-2023)
Abstract
Popular beliefs in Kermanshah province, especially among the Kurds living in this province, are special, untouched and related to mythological thoughts. In this essay, the author has investigated and analyzed the marriage rituals in the Sanjabi, Kalhor and Goran. Among the many marriage rituals in the mentioned clans, courtship rituals, holding a wedding on a odd day, the presence of a woman named Pākahsūr, the bride's red dress and bread and salt with her, the magic of the knot, the presence of male elements in the symbolic affairs of the wedding, dance and music . According to the research, matchmaking in the mentioned clans is mostly in the form of the girl's family leading the way, which is reminiscent of marriage in matrilineal periods. The woman who is referred to as Pākahsūr has the key role of the goddess Ašī. Holding weddings on odd days of week is related to sacredness of one, three and seven in mythology. The red color of the wedding dress has mythological meaning and shows life, and bread and salt with her is related to the concept of Farrah. The magic of the knot, which is more commonly referred to as tying the groom, is a kind of imitative magic, and the strong role of male elements in the wedding is in connection with fire and the symbolic concept of the stove. The Kurdish music and dance (Halaparkī) is basically a repetition of the rituals of honoring the land and related to the agricultural era.
Volume 12, Issue 3 (10-2008)
Abstract
Changing gender is one of the important subjects, which is of great significance in medicine and law. Although, these subjects were existed in the past, owing to the development of technology and medical science, it has recently improved a lot. Nowadays, according to the view of Islamic Jurisprudents and in the most legal systems, this action will be quite lawful provided that the doctors recognize its effects of this action should be considered. One of these effects would be the relationship of couples with each other. For instance, does the contract of marriage will be remind or cancelled? What will happen to the dower (the money that hausband is obliged to give to his wife)? What about the waiting period (Iddah), inheritance, guardianship, custody and…. Generally, in a contract that the kind of gender has not role, changing gender has no effect. But, in a contract that the kind of gender play a fundamental role, it will be cancelled from the moment that it has been changed, and does not have any effect on the previous acquired rights.
Volume 14, Issue 1 (9-2022)
Abstract
As primary sources, documents play a significant role in historical research. In this regard, as religious documents derived from Islamic jurisprudence, temporary marriage certificates have certain principles and frameworks, providing a wealth of information on the culture, society, economy, and customs of the past. The main question of the present study was what form and content did the temporary marriage certificates in Pahlavi I era have? And what effect did the new laws have on the content of such documents? The main claim was that the temporary marriage certificates in the first half of the Pahlavi I era, in terms of form and content, were influenced by religious and customary laws, the Qajar tradition of document-drafting, and the social and class status of individuals. However, in the second half of the Pahlavi I era, new marriage laws were adopted. As a result, first, the jurisprudential aspects of such certificates were decreased and their customary aspects were increased.
Volume 14, Issue 2 (3-2023)
Abstract
Family is the main institution of society and its form can be seen in all times and places. Narrative texts of classical Iranian literature can be an important source in the historical recognition of family system in Iran. In heroic epopees, the system of family is one of the hypertextual themes and backgrounds. Discovering and explaining the structure of the family in these texts, like understanding the elements that make up the cultural foundations of a nation, can be the key for its archeological understanding for sociologists and historical researchers. Therefore, the aim of this research is to analyze the structure and functions of the Iranian family system and the forms and criteria for marriage in heroic epopees after Shahnameh (Banoogashsbnameh, Borzoonameh, Bahmannameh, Faramarznameh, Kooshnameh, and Garshasbnameh) by describing, analyzing content and comparing on one hand, and clarify the origin of (Islamic-Iranian) ideas of these epopees about family system on the other hand.
In these epopees, family formation plays the role of reproduction, protection and maintenance, socialization, controlling sexual behavior, compassion and kindness and preparing the social base. Political, secret marriage, marriage with captive women, marriage through the purchase of a spouse and marriage according to the epic tradition are the most important forms of marriage in these epopees. These systems are two-dimensional; hence, both Islamic ideas and attitudes of ancient Iran towards family system, have found their way into these epopees.
Volume 16, Issue 3 (10-2012)
Abstract
In this paper, we clarify the nature of the legal acts in general, and the practical results of this discussion. Then we provide the context for a comparative discussion of the definition and nature of marriage in Islamic jurisprudence, Iranian law, some Islamic countries’ laws, and some western countries’ Laws, especially the United States, to show the essential elements used in the context of marriage. In this regard, we introduce a different model that represents the essence of marriage as a contract, status, institution, personal choice and finally, worship. The practical benefits of our selected Quran model in concerned with the set of rules governing marriage, have been taken in our attention. Recently, we have offered a new definition for marriage that seems to be proper for Iranian legal system.
* نویسنده مسؤول مقاله: Email: dadmarzism@yahoo.com