Anthropological Foundations and the Historical Philosophy of the Convention on the Elimination of All Forms of Discrimination Against Women, Imami Jurisprudence, and Iranian Law مقاله

خلاصه ماشینی:

Anthropological Foundations and the Historical Philosophy of the Convention on the Elimination of All Forms of Discrimination Against Women, Imami Jurisprudence, and Iranian Law (A Case Study: Age of Marriage, Guardianship over Minor Marriage, and Polygamy) Ataullah Begdeli* Abstract Legal discourse is based on numerous extra-legal foundations such as worldview, anthropology, and philosophy. Then, we investigate three issues—the age of marriage, guardianship over minor marriage, and polygamy—from the perspective of three legal systems (Imami jurisprudence, Iranian law, and the Convention) and discuss the anthropological foundations and historical philosophy of each. Keywords Legal anthropology, philosophy of history and law, Convention on the Elimination of All Forms of Discrimination Against Women, age of minor marriage, polygamy. Before this stage, we reach the second step of the research, which is the finding of the foundations of jurisprudential rulings, the Convention on the Elimination of All Forms of Discrimination Against Women, and Iranian rights in the subject of marriage. According to the view of Martyr Motahhari (RA), although civilization is progressing in a general approach; however, because this Convention is mostly related to the moral affairs of women and the West has faced failure in moral life, that part of the Convention which observes the moral dimension of the West, such as moral and sexual libertinism, is rejected, while the part observing freedom from the nature of Western sciences and industry and history (and the history of humanity which has progressed) is acceptable.