جستجوی مقالات مرتبط با کلیدواژه « قانون حمایت از کودکان » در نشریات گروه « فقه و حقوق »

This article provides a comparative analysis of children's rights in Islamic jurisprudence and child protection laws in Iran. Initially, it discusses the theoretical foundations of children's rights in Islamic jurisprudence, focusing on key principles governing spiritual, financial, educational, and health rights. The historical development of child protection laws in Iran is then reviewed, with a detailed examination of key legislations such as the Law on Protection of Children's Rights (2002) and the Law on Protection of Children and Adolescents (2020). A comparative study is conducted to identify the similarities and differences between Islamic jurisprudence and Iranian laws concerning children's rights. The article also explores the challenges of reconciling Islamic jurisprudence with modern legal frameworks and offers suggestions for improving child protection laws in Iran. The importance of aligning Islamic jurisprudence with civil law to better protect children's rights is emphasized, with recommendations for policymakers and legal practitioners to revise and update laws in accordance with the social and cultural needs of society.

Childbearing has been and continues to be a socially beneficial institution in all societies. In pre-Islamic Iran, adoption has also taken place. However, adoption in Islam has become obsolete, meaning that you can not have another son, your son, and all the works of the real child. On this reason, the civil law does not put childhood in any of the relative affiliations. The special law on this vocabulary has used the term "guardianship" and has sought to adapt the rules of custody to Islamic principles. Following the same compliance with Islamic law, the legislator allowed marriage to a child of the same or the person under guardianship. In the opinion of contemporary jurisprudents including Imam Khomeini, adoptive marriages with the guardian or their descendants have been accepted under conditions. It seems that the purpose of such marriage is not permanent marriage, but temporary marriage, which is only due to the confidentiality of the parties and the possibility of performing other works of marriage as close as possible.