نوع مقاله : مقاله پژوهشی

نویسندگان

• مسلم طاهری کل کشوندی ¹
• عاطفه اندرزا ²

¹ عضو هیئت علمی پردیس فارابی دانشگاه تهران

² دانشجوی دکتری - دانشکده الهیات - پردیس فارابی - دانشگاه تهران

چکیده

از مهم ترین تحولاتی که بعد از ظهور اسلام در جامعه عصر نزول رخ داد، تغیرات در حوزه حقوق افراد به ویژه زنان بوده است. زنان در جامعه عصر پیامبر(صلی الله علیه و آله و سلم) از کمترین حقوق اولیه انسانی بی بهره بوده اند و قرآن برای شخصیت زن در ابعاد اجتماعی و خانوادگی ، حقوقی را تبیین نموده است. بخشی از قانون اساسی جمهوری اسلامی ایران که بر گرفته از نصوص شرعی است، در برخی از اصول، حقوقی را به جهت حمایت از مادران به خصوص در دوران بارداری و حضانت و ارث وضع کرده است. اگر چه احکام ارائه شده در قرآن به صورت کلی بوده و صراحتا به همه احکام نپرداخته است، اما با استفاده از احکام کلی و با تکیه بر روایات معصومین علیهم السلام می توان به اقتضای نیاز هر زمانی، احکام ثانویه را استنباط نمود و آن را به عنوان مستند و مبنای قرآنی حقوق اخذ کرد و دولت نیز موظف است آن را حفظ کند. این پژوهش با روش تحلیلی - کتابخانه ای به حقوق اجتماعی مادران به طور مستدل و مستند در قرآن و نظام حقوقی ایران پرداخته است؛ این حقوق بر عناوینی مانند: نفقه، بارداری، حضانت، ارث، تخفیفات شغلی و قضایی مادران استوار است.

کلیدواژه‌ها

• حقوق اجتماعی مادری
• حقوق شغلی
• حقوق قضایی مبانی قرآنی

موضوعات

• مطالعات زنان

عنوان مقاله [English]

Quranic foundations of maternal rights with a social approach based on clause 2 of Article 21 of the Constitution

نویسندگان [English]

• moslem taheri ¹
• atefeh andarza ²

¹ Member of Faculty of Farabi Campus of Tehran University

² Ph.D Candidate - Faculty of Theology - Farabi Campus - University of Tehran

چکیده [English]

One of the most important developments that occurred after the advent of Islam in the society of the era of descent was the changes in the rights of individuals, especially women.Women in the society of the era of the Prophet Muhammad (Blessings of God be upon him as well as peace) were deprived of the minimum basic human rights, and the Qur'an has explained the rights for the female personality in social and family dimensions. A part of the Islamic Republic of Iran's constitution, which is based on Sharia texts, has established rights in some principles to protect mothers, especially during pregnancy, custody and inheritance. Although the rules presented in the Qur'an are general and do not address all the rules explicitly, but by using the general rules and relying on the Sunna of the Saints, peace be upon them, it is possible to infer the secondary rules according to the needs of any time and make them The title is documented and based on the Qur'an, and the government is obliged to preserve it. This research, using a descriptive-analytical method, examines the Quranic foundations of mother's rights with a social approach and with a special focus on clause 2 of Article 21 of the Constitution of the Islamic Republic of Iran.As the main source of guidance for Muslims, the Qur'an provides a comprehensive framework for understanding and supporting the rights of mothers in the Islamic framework and provides guidance on various aspects of life, including the rights and responsibilities of mothers.In addition to recognizing the rights of mothers in families, Islam emphasizes the importance of broader social support systems such as the establishment of institutions such as maternity hospitals, childcare centers and educational programs with the aim of empowering mothers and ensuring their well-being.This indicates the importance of ensuring that mothers receive the necessary support and resources to fulfill their roles effectively.By analyzing clause 2 of article 21 of the constitution, it is possible to understand its alignment with the Quranic principles regarding mother's rights.The social approach to maternal rights acknowledges that securing these rights requires a collective effort from the society as a whole.Indeed, it acknowledges that governments should develop policies and programs aimed at supporting mothers in fulfilling their roles effectively. By combining the principles of the Quran with the provisions of the constitution, societies can develop comprehensive strategies to protect the rights of mothers. These strategies may include implementing maternity leave policies, providing affordable child care services, promoting gender equality in job opportunities, and providing training programs on parenting skills as well as alimony, custody, inheritance and mother's job and judicial discounts. Maintaining these rights is necessary not only for individual women, but also for building a equitable and harmonious society.On the other hand, concerted efforts are needed to fill the gaps between theory and practice through increasing awareness campaigns and political interventions aimed at creating a suitable environment for mothers to grow.

One of the most important developments that occurred after the advent of Islam in the society of the era of descent was the changes in the rights of individuals, especially women.Women in the society of the era of the Prophet Muhammad (Blessings of God be upon him as well as peace) were deprived of the minimum basic human rights, and the Qur'an has explained the rights for the female personality in social and family dimensions. A part of the Islamic Republic of Iran's constitution, which is based on Sharia texts, has established rights in some principles to protect mothers, especially during pregnancy, custody and inheritance. Although the rules presented in the Qur'an are general and do not address all the rules explicitly, but by using the general rules and relying on the Sunna of the Saints, peace be upon them, it is possible to infer the secondary rules according to the needs of any time and make them The title is documented and based on the Qur'an, and the government is obliged to preserve it. This research, using a descriptive-analytical method, examines the Quranic foundations of mother's rights with a social approach and with a special focus on clause 2 of Article 21 of the Constitution of the Islamic Republic of Iran.As the main source of guidance for Muslims, the Qur'an provides a comprehensive framework for understanding and supporting the rights of mothers in the Islamic framework and provides guidance on various aspects of life, including the rights and responsibilities of mothers.In addition to recognizing the rights of mothers in families, Islam emphasizes the importance of broader social support systems such as the establishment of institutions such as maternity hospitals, childcare centers and educational programs with the aim of empowering mothers and ensuring their well-being.This indicates the importance of ensuring that mothers receive the necessary support and resources to fulfill their roles effectively.By analyzing clause 2 of article 21 of the constitution, it is possible to understand its alignment with the Quranic principles regarding mother's rights.The social approach to maternal rights acknowledges that securing these rights requires a collective effort from the society as a whole.Indeed, it acknowledges that governments should develop policies and programs aimed at supporting mothers in fulfilling their roles effectively. By combining the principles of the Quran with the provisions of the constitution, societies can develop comprehensive strategies to protect the rights of mothers. These strategies may include implementing maternity leave policies, providing affordable child care services, promoting gender equality in job opportunities, and providing training programs on parenting skills as well as alimony, custody, inheritance and mother's job and judicial discounts. Maintaining these rights is necessary not only for individual women, but also for building a equitable and harmonious society.On the other hand, concerted efforts are needed to fill the gaps between theory and practice through increasing awareness campaigns and political interventions aimed at creating a suitable environment for mothers to grow.One of the most important developments that occurred after the advent of Islam in the society of the era of descent was the changes in the rights of individuals, especially women.Women in the society of the era of the Prophet Muhammad (Blessings of God be upon him as well as peace) were deprived of the minimum basic human rights, and the Qur'an has explained the rights for the female personality in social and family dimensions. A part of the Islamic Republic of Iran's constitution, which is based on Sharia texts, has established rights in some principles to protect mothers, especially during pregnancy, custody and inheritance. Although the rules presented in the Qur'an are general and do not address all the rules explicitly, but by using the general rules and relying on the Sunna of the Saints, peace be upon them, it is possible to infer the secondary rules according to the needs of any time and make them The title is documented and based on the Qur'an, and the government is obliged to preserve it. This research, using a descriptive-analytical method, examines the Quranic foundations of mother's rights with a social approach and with a special focus on clause 2 of Article 21 of the Constitution of the Islamic Republic of Iran.As the main source of guidance for Muslims,

کلیدواژه‌ها [English]

• Judicial rights
• Maternal social rights
• Occupational rights
• Quranic foundations