جستجوی مقالات مرتبط با کلیدواژه « guardianship » در نشریات گروه « علوم اجتماعی »

The concept of "poorly supervised child’ is a new concept in the field of private law. Since "poor or bad supervision" has legal and criminal effects, such as disqualification of the supervisor or criminal punishment for the bad supervisor, the investigation of this concept requires special attention. The concept of poor guardianship has not been discussed independently in jurisprudence, but it can be deduced from the discussions of jurists. This research is an attempt to analyze this concept in Imam Khomeini's viewpoints through his statements on topics such as terminating the guardianship, the fall of custody, and justice in relation to the guardian of a child. However, the definition of this concept in law has some shortcomings. The legislator has explained it only in one case. The spread of the concept of poor or bad guardianship and its traces in the law show the necessity of more investigation of this concept to fulfil the society’s needs. The main question is: What is the rule for applying the concept of bad guardianship to the religious and legal guardians of a child? Although the rule set in jurisprudence is general, by employing this issue within the legal framework, it is possible to determine some of its non-exclusive examples. Therefore, the general rule in jurisprudence is that the commitment of a prohibited act related to the duties of parents leads to the application of bad guardianship to the guardians. The term "bad guardian" does not necessarily mean depriving the child of guardianship, but it helps the judge to issue a fair verdict.

Verse 34 of Surah Nisa is one of the challenging verses of the Holy Qur'an in the field of women. Different and contradictory readings of it have been presented by Islamic commentators, jurists and scholars, and the mention of the guardianship of men over women in it has given rise to anti-Islamic doubts or interpretations. has provided a feminist interpretation of the Qur'an. Considering the serious gap in the field of interdisciplinary research on Quran and ethics, the present research tries to answer the question "How can the concept of male guardianship over women with the moral dignity of women be solved?" Answer with analytical-critical method. In this regard, after explaining the concept of conflict between guardianship and the principle of dignity, he has tried to find the roots of the concept of conflict and has reached two important roots; The wrong idea of ​​consistency and the wrong idea of ​​dignity. By presenting the selected meaning of guardianship and redefining dignity in Islamic culture, this research has shown that basically there is no contradiction between guardianship and moral principles, and the spirit of guardianship leads to the respect of women and the balance of her position compared to men. , is based on real moral material.

Guardianship of children and their custody are two important things in the family institution. According to Shia jurisprudence, the guardianship of children is the responsibility of the father and their custody is the responsibility of the mother. Now we have to answer the question, what effect does change the gender of parents have on guardianship and custody of children? In response to this question, this research investigates two points of view with a descriptive-analytical method. First, because the father loses the title of a father by changing gender and the mother loses the title of mother by changing gender, their custody and guardianship over the child are lost. On the other hand, some jurists consider it possible to remain in their guardianship and custody. Because in the social context, people call those who were parents before the gender change because the title of each parent cannot be taken away from them by gender change.

The issue of guardianship of a minor boy or girl is one of the most important issuesin the field of will and testament. If the minors’ father and paternal grandfatherare alive, their authority is in the hands of the father or paternal grandfather, andtheir guardianship is based on sharia and divine law. If the death of the father orpaternal grandfather is imminent, they can appoint someone in their will to takecare of the affairs of the minors. The affairs that may be related to the minor boyor girl include their caretaking and upbringing management of their property,marriage and divorce.In this article, using descriptive-analytical method andcollecting the necessary data from library-documentary sources, attempts havebeen made to examine the guardianship of the testamentary guardian regardingthe marriage of minor boy and minor girl an approach to Imam Khomeini andfamous jurists’ viewpoints. Imam Khomeini argues that the testamentary guardiandoes not enjoy the guardianship regarding the minor’s marriage. But, there areother jurisprudents who argue that if the testator explicitly mentions the issue ofthe minor’s marriage in his will, the testamentary guardian enjoys the right to getthe minors married.

Since much of the existing commentary has traditionally been written by Muslim men, how gender relations and women's rights are described plays significant role. But with the rise of Islamic feminism, some Muslim women in this movement are debating new evaluations of these traditional interpretations in order to conceive of equality between men and women from an Islamic perspective based on religious principles. They support the Quran. Meanwhile, some pioneers of this idea have focused their work on re-reading the text of the Qur'an as the most basic Islamic source, claiming that Muslim men have read the Qur'an from patriarchal perspective, thereby incorporating gender inequality and patriarchy into the interpretation of the Qur'an. the authors claim that such a rule doesn̓t have a patriarchal view among Shiite thinkers and commentators, and although gender can be effective in reading the text, adherence to the original Qur'anic principles and the centrality of the monotheistic paradigm will prevent biased interpretations. The study of the strength of men over women, which is one of the most challenging verses of the Qur'an on women's rights, from two perspectives of women (Wadud, Barlas and Hebri) and men (Tabatabai, Javadi Amoli, Motahhari) despite differences in intellectual, doctrinal and emergence, It gives similar results, indicating biased interpretations by Shiite commentators. That masculinity is a limited and conditional virtue for men is in order to fulfill family and social responsibilities in support of women's rights, and the meanings of superiority and domination over women are nothing more than misconception.

The essential needs of societies are provided through natural social organizations, called institutions. For instance, to create order and security and management of society, the institution of politics is formed. Every culture and civilization has its own style of management and discipline. Hence, every civilization has a political institution with its own structure. Modern civilization was formed and developed by abandoning the unseen reality and relying on the apparent reality (secularism) and trust in man (humanism). Its social institutions, including politics, were based on this. With the victory of the Islamic Revolution in 1979 and the emergence of Islam in a civilized perspective, it seems that new structures were given to social institutions, especially politics. The present article tries to estimate the structure of politics in the new Islamic civilization in a comparative study using the method of reviewing texts and discussing and consulting experts. The findings of this study show that the form of politics in these two types of civilizations are fundamentally different from each other; however, both may adhere to democracy. Modern civilization, based on humanism and attention to the profit and benefit of human beings, allows any kind of action, but Islamic civilization relies on divine lordship and tries to replace the system in politics with the importance of the link between the unseen and the visible. Divine to be present and current in different social levels.

The immunity of the Islamic Revolution, the strengthening of the internal structure of the Islamic Republic, the formation of the Islamic state and society, and the movement towards a new Islamic civilization require “revolutionaryism.” The meaning and concept of "revolutionaryism" has an important role in how to go through the five stages of the Islamic Revolution, namely the occurrence of the revolution, systematization, state-building, socialization and Islamic civilization.The purpose of this semantic research is the conceptualization and determining the dimensions, components and characteristics of revolutionaryism in the context of the nature, goals and ideals of the Islamic Revolution. ‎From the documentary method, expertise has been used with phishing tools to collect data3 and analyze the subject. The findings show that revolutionaryism in the context of the Islamic Revolution means “transformational thinking, transformationalism and evolutionalism based on the values ​​and ideals of the Islamic Revolution in all areas of individual and social life, in accordance with the positions and guidelines of the Supreme Leader.”The findings indicate that revolutionaryism in the context of the Islamic Revolution has the components of monotheism, guardianship, truthfulness, jihad, rationality, progressiveness, leadership and being popular. A revolutionary is one who can internalize the eight components in four areas: spiritual (transformation), mental (transformational thinking), psychological (transformationalism), and behavioral (evolutionalism). The results of this research enumerate the most important features of revolutionaryism as follows; Anti-arrogance, reliance on God, helper of the guardian, righteousness, antagonism, self-sacrifice, impenetrability, insight and enlightenment, patience and perseverance, forbidding the evil, commanding the good and acting in time. The results of this research can be applied to scientific, cultural and educational centers.

ue to the participation in the conception of urban management, is necessary .Urban management in Iran is not in the ýinteraction of organic with urban planning.Unfortunately, in our country, most ýof Proceedings of the urban managementþ,þý had down from above and out Which ýnow need to move from the bottom and inside, to get their own native. Now, ýgiven the potential and altho challenges facing public participation in Iran and ýthere are people like that in this Allama Tabatabai who have comprehensive and ýcomplete comment; Can be used to localize the concept of participation in Iran ýby existence Such people. For this purpose, in this article was being tried to ýexplain the concept of participation in urban management bu use the Allameh ýTabatabai's views. For this purpose, first, we analyze the role of partnerships in ýurban management And Then, using a theory by use of credit perceptions views ýof Allameh Tabatabai noted to explain the Allameh Tabatabai views about ýcitizens participation and their role in the government. Then we have described ýthe role of government in society's and reached the conclusion that the views ýTabatabai, In other words, if people are not continuous urban management, ýreligious and legal duty to have done. In fact, the right and duty of the people to ýthe city and its municipal administration enjoining good and forbidding wrong ýis like.ý

custody and guardianship of child amongst sensitive and important issues that is considered in Family Institution regionthat doing it in certain section of The age of the child, the mother Is responsible. It is clear that curated and upbringing of the child, demands effort andabundance inconvenience and hence an important question that respond to it required is that, is the mother for Maintenance and guardianship of child, the competency of the receive wage for it? permissibility or nonexistence of permission of taking wages for guardianship is one of the origins of the Jurisprudential disagreement. so that, many of special jurisprudents and the public by providing several evidences and with emphasis on the custodianship obligatory and the nature of its command, and lack of license of taking wages for obligatory acts, has ruled into the lack of license of taking wages for guardianship and in contrast, some of them have been believed a license wages on guardianship.the authors in this research, with descriptive-analytic method, meanwhile, explore Promise to to permissibility and the lack of permissibility, through the the prove of the customary truth to the notion of guardianship and also based on the presumption of innocence in Neccessity judgment doubts of and the other evidence and confirms has proven righting of guardianship into child mother and with emphasis on not opposed between the necessity of an action and receive wages for it, this such a results that receiving wages for guardianship is permissible.even in the premise of its necessity. moreover Since other evidence of the believers in the permissibility accomplisher to the purpose and was not enough to prove his claims and the other hand despite the benefit in guardianship and respect of the inalienable act and with the absence of an obstacle, principle due permissibility of the obtaining of wages is based on guardianship.

Custody is considered as subject of research because of its importance on child’s mental and physical characteristics and of course it`s effect on society progress. The legislator always gives attention to child position and his (her) potential role in building of society basis. Child physical maintenance is necessary for growth along with proper training for spirit sublimation. Despite the importance of custody, legislator has not determined it`s precise definition and powers and custody of guardian (child maintenance) and subsequently the major issues is ignored. This leads to its confusion with similar titles such as warden, executor, guardian (child maintenance) The majority of bewilderments and questions of executive intuitions of law from legal department of justice, confirmed it. This article has determined the position, rights and duties of child maintenance altogether gaps and conflicts in this domain and given some resolutions. The law of family protection 2012, considered child custody with more accuracy and this lend to achievements and innovations in custody cases. But these innovations have some defects that we have presented these and given some resolutions for elimination of those defects.

Mankind is a level of possibilies’ existence that is in absolute poverty and need of its true cause (the most high necessary existent); however, perhaps because of belonging to the earth, love of this world and the influences of the material world, he neglects remembering God and forgets his origin. In his precious works, “Al-Mizan” commentary and “Resala Al- Valayah” ,AllamehTabatabaii proves that by separang from physical body and aenon to its inherent poverty, soul can remove the veils and obstacles that deprives him of the beauty and glory of God and move from the posion of servitude towards the posion of divinity. The posion of “guardianship” is the posion of perfecon and power that God’s servants gain as the result of devoon, sincerity and true worship. Reviewing the works of AllamehTabatabaii and using a descripve-analycal approach, the present research deals with explaining the “origin of guardianship” from the viewpoint of Allameh. Hence, in the first part, the principles and foundaons of guardianship including “nearness to God” and “aenon to outward and inward life” are invesgated and then in the second part of the study, the origin of guardianship, that is the “total manifestaon of God’s names and aributes,” is explained.

The will of one person to create ownership for another has always been a controversial issue among jurisprudents. Some of the jurisprudents maintain that the will of one person is so strong that he or she is entitled to make another person owner of his or her own property. At the same time there are jurisprudents who oppose this viewpoint. At the same time, some other issues such as endowment and will expand the scope of this controversy. Some jurisprudents consider these two institutions as unilateral possessions. Still there are other jurisprudents who maintain that on the basis of the rule of prohibition of forceful ownership and the principle of lack of guardianship, such ownerships are exceptional. Imam Khomeini advocates the latter viewpoint while considering will as something created by the testator but ownership of property is subject to the acceptance of the legatee. Although they consider endowment as stoppage, the precondition that taking and release makes it correct has made the conception of unilateral ownership of these two legal institutions difficult and hence they consider ownership on the basis of one person's will contrary to the freedom and ownership of the beneficiary.

Women without caretakers or women with bad caretakers have special psychological-mental conditions and face special social and cultural problems due to different reasons such as poverty and undesirable economic conditions and hence are among the most vulnerable strata of society. Given the fact that according to existing statistics over the past three decades the number of such women has been increasing, it is the duty of the government to adopt a special approach to their problems in order to fulfill their needs. According to Islamic teachings, the ruler of a Muslim state, as the guardian of society, and in line with the guardianship that he has over the financial resources, is bound to pay special attention to such women and protect them. This issue has solid fundamentals in the Islamic Republic of Iran. The founder of the Islamic Republic, Imam Khomeini, in his recommendations to officials asked them to pay special attention to the oppressed and downtrodden which includes the said women as well. (Imam Khomeini, 2006, Vol 17:3)The main thrust of the present paper is to study the legal and jurisprudential principles aiming at protecting women without caretaker and women with bad caretaker. Attempts have been made to prove the guardianship of the ruler and his obligation to pay attention to the needs of the needy strata, particularly the said women. Also the principles and policies employed in the Islamic Republic of Iran to protect the vulnerable strata have been explained.

One of the important cases in which the interests of the implication of the Islamic law has an essential role and in which to decide how to implement is entrusted to the people themselves is the Guardianship(Welaya) of the children. Due to the disability of the children, the scope of the guardianship of them is very vast and it is the best interests of the children that can limit this scope and justify the guardianship system. However, there are various questions in this regard that have not received due attention. It is feared that this ignorance may lead to the loss of the children’s rights or the abuse by the guardians of the children.Therefore regarding this issue and questions, this paper tries to deal with 5 topics concerning the best interests: their concept; importance and position; their impact on guardianship; the enforcement of guardianship; their relativity and changeability.

On based on imamieh jurisprudence - on the basis of quoted causes - and considering to the maked laws in this case, remarriage of a woman who has childrens from her first husband, cause divesting her guardianship of her childrens.for this, the woman is forced to deprive herself of remarriage to not lose her guardianship of her childrens this situation sometimes causes psychotic, social and economical irreparable results for a woman. Whereas divorsed man remarriage don’t divest his guardianship of his childrens. This essay, with regarding to jurisprudencial and juridical works about the guardianship arguments, says in this case, on the one hand expediency of child and on the other hand ruling conditions of man and woman life sould be regarded. for this merely mother remarriage shouldn’t be caused to divest her guardianship. In the end of this essay, we give some suggestions to reform the pertaining laws.

The holy Quran being a perfect book talks in verse 34 of Chapter al-Nisa about family management in a bid to answer man’s needs for guidance. Because of two privileges, one gifted to him and another acquired by him, God has relegated the guardianship of family to men. In this article, the reasons and arguments attached with this verse have been studied along with the concept of ‘guardianship’ and the necessity of proper family management. Furthermore, it has been stressed that the extent of men’s guardianship exceeds house and family domain and that God, the Exalted, has granted guardianship to men on the basis of the two principles i.e. wisdom and expediency.

Issues like men’s authority over women, management and protection of women by men, the creational deficiencies of women, the superiority of men, the necessity of women obeying men, the impermissibility of going out of home for women, women’s disobedience, corporeal punishment of women by their husbands, occupation of posts by women and the general guardianship of women are the intellectual concerns of many religious scholars, managers and divine politicians. A brief look into verse 34 of Chapter al-Nisa and the related traditions about it can, to some extent, wipe out ambiguity from our mind and give us a clear picture about the opinion of the Quran and that of the Ahl al-Bayt (a.s.) in regards to men’s authority over women.It seems that if we examine the literary and explanatory points and purports of the verse in a question and answer manner as is done in sequential interpretation of the Quran, drawing a conclusion and availing ourselves of a more appropriate meaning of the verse concerning the foregoing issues will take place sooner. For this reason, we have followed the discussions in two parts: “the literary and explanatory points” and “messages and purports” followed by a conclusion.

One of the most fundamental discussions in the society of which women are a part is “women’s rights and personality”. Given the fact that women have always remained deprived of their due rights and at times their very human status has been put to question, the position and personality accorded to women in the culture of every society are indicative of her position and status in that society.Different religious and political schools have expressed different views about woman’s personality, status and rights. Amongst them is the religion of Islam which is a human-constructing and comprehensive school having a broad and just attitude towards women. It has illustrated man and woman’s rights in the best possible manner. Islam does not consider creational and legal differences to be a sign of the difference of identity. Evaluating human beings through the yardstick of piety and attaching importance to the pious acts of a believer regardless of gender differences signify that these differences carry no momentum in the eye of this sacred religion.Verse 34 of Chapter al-Nisa is one of the most important verses dealing with woman and her rights. Unfortunately, some crook-minded people have endeavored to tarnish Islam’s perspective towards women by presenting an unjust and unfair interpretation of the verse. Hence, a correct perception of this verse will have a substantial effect on exploring the holy Quran’s view concerning woman’s rights and personality. In this study, efforts have been made to present the most important views held by Shiite and Sunni tafasir (commentaries) about the first part of verse 34, albeit with the help of the views of the researchers of both sects in the area of commentary, hadith and etymology and also through studying the chronological development of “guardianship” and the impacts of social development on it.

Main question: What is meant by “degree” in the above verse? This article aims to explain the meaning of the word “degree” (darajah) in the Quranic verse in which God, the Exalted, says, “and the men are a degree above them”. The explanations are given with a view towards the sayings of the exegetes and commentators of the Quran and the literal meaning of the word. The article finds a correlation between this verse of Chapter al-Baqarah and another verse from Chapter al-Nisa in which God, the Exalted, says, “men are the protectors and maintainers of women” because many commentators are of the view that these verses are interpreting each other. It has been clarified in this article that the verse is not meant to assume a higher position for men as being closer and dearer to God. Rather it points out that there are differences between men and women considering their roles and duties towards each other. It emphasizes on the fact that the criterion for proximity to God is piety and good deeds. This is something which is coherent and compliant with divine justice and the true nature of Islam.

The question concerning “woman’s guardianship” is one of the important discussions of today’s Islamic society. Guardianship discussed in this article is meant for management and authority over a group. The principal question is: Is maleness a necessary trait for authority over a group (be it authority over an entire society or a small group of individuals)? Many Muslim scholars have dealt with this issue in their discussions concerning general judgment and most of them have considered masculinity to be a necessary condition in this regard except for Abu Hanifa who allows woman to have judicial authority in matters other than punishments and penalties. In fact, the basic problem originates in women’s being deprived of the right of guardianship and obedience in areas where there is not any valid proof. The proponents of permissibility of women’s guardianship resort to the biography (seera) of the wise-men and the generalness of some traditions. As for the opponents, they avail themselves of four Quranic verses including “men are the protectors and maintainers of women” and also of several narrations like those dealing with women’s judgment or narrations such as “the woman is a sweet basil and she is not a champion” or narrations that consider woman’s government to be a sign of corruption of time or the narration which says that a society which is ruled by its women is doomed to failure and destruction (Hemran bin A’ayun’s authentic tradition in this regard is one of the most important proofs reproaching and reproofing women’s rulership and domination over the society). One of the arguments put forth by the opponents of women’s guardianship is what is known as “shari’ah taste” according to which there are orders and instructions about women such as the emphasis laid on women’s segregation from men, women’s staying indoors or the narrations which say that women are deficient in intelligence and their opinions are flawed or the narrations which discourage obeying women and seeking their advice. In this article, efforts have been made to give answers to the arguments presented by the opponents of guardianship and authority of women. However, women’s guardianship has been considered as less preferable. When it comes to occupying the key posts of the society, the article tends to consider it as impermissible for women.