جستجوی مقالات مرتبط با کلیدواژه "حضانت" در نشریات گروه "ادیان و عرفان"

Custody is a right and at the same time a duty, which the law entrusts to the parents to keep the child. Two issues have been considered as challenges in this article; On the one hand, custody is the right of the parents, and on the other hand, custody is recognized as the duty of the parents. This issue has increased the difference between jurists and lawyers regarding the removal of this right. Therefore, in this article, an attempt is made to examine the aspect of the right of custody and how it compares with the duty. The approach of this article is descriptive-analytical; Library sources have been used to collect data. The result of this article considers custody as a right that can be revoked and transferred for parents in the relationship between themselves, and in the case of their disapproval of custody at the same time, it is a duty for one of the parents who has priority for custody at that time. It is known (because the right of the child is preferred over the right of the parents) and the guarantee of civil and criminal enforcement is applied to the person in charge of custody.

Parent's Province is one of the types of anatomical provinces that is important not only in Islamic mysticism, but also in legal and jurisprudential terms. The main legal and jurisprudential issue, stemming from numerous verses and traditions, are from the leaders of the religion and have a track record in mystical books, Shi'a jurisprudence and related religions. One of the most important periods in the life of any child is the age of consent, and up to the age of seven, upon which the foundations of his or her social and moral education are formed. In the present study, the verses and criticisms of traditions related to this period have been examined. The results of this study show that due to the expediency of the child, interest and emotional bond between the mother and also because of the duty of custody, the priority of the mother over custody of the child, it is necessary to do so. Also, given the verses and consensus of the narrations quoted, the authenticity of the documents and other reasons, up to the age of seven, the mother's preference for custody of the child was preferred. It is noteworthy that the present research has been done in a descriptive-analytical method.

The issue of child custody has been debated among Muslim faqihs and jurists for a long period of time. In this paper, the author argues that child custody is a type of guardianship that God Almighty has conferred upon parents, fathers and then mothers. It is not a "right", which can be waived, but it is an "obligation" that parents must fulfill. There are, however, specific parental duties that can be waived, as mothers can refrain from breastfeeding their children. Also, under certain circumstance, the Sharia allows the abrogation of custodianship duties. It has been proved that natural parents, and not the Islamic state or society as a whole, are responsible for the custody of their illegitimate children. Such children ought to be treated as legitimate children, thought they do not inherit any property from their parents.