جستجوی مقالات مرتبط با کلیدواژه "مرض" در نشریات گروه "فقه و حقوق"

The role of the family in guardianship and protection of children is undeniable، Sometimes the foundation of the family weakens for some reason and its structure collapses and causes the family to lose its efficiency. In this situation, the guardianship of children is one of the most important issues. The guardian is sometimes denied from her or his guardianship right. Diseases and illness are one of the most important things that affect on guardianship of children. The most of Islamic jurists believe that chronic and incurable diseases don't cause the loss of guardianship of children if the guardian would be able to do his or her duties through a deputy. In general, it can be said that if the guardian's Infectious disease cause to damage the child's physical health, his or her guardianship right will be revoked. But the principle of his or her guardianship will be survived if the guardian can prevent the spread of the disease to the child and to carry out matters related to child's maintenance and training through the supervisor.

In Islamic legal system and Iran's regulations, an ill person's marriage who is about to die is distinct from other people's marriage. Article 945 of Iran Civil Law has made the maid's inheritance in marriage to an ill person subject to sexual intercourse or achieving recovery and inheritance without sexual intercourse is void and null. Imamiyeh jurists have interpreted the above-mentioned decree based on the related traditions and there is no contradiction in the main decree. As stipulated in traditions, given a near-to-die patient dies before any sexual intercourse, the marriage contract is void and null and the wife does not inherit her deceased husband. The nature of marriage nullity, enforcing or revoking decree to the ill, the wife's death earlier her husbands, and the nature of near-to-die illness are all considered among obscurities in this issue and Imamiyeh scholars disagree on it. Among other sects, only the jurists of Maleki sect issued the fitwa for nullity of a patient's marriage. Other sects consider the patient's and healthy's marriage authentic and issued a fitwa to the authenticity of patient's marriage and couple's inheritance. Using library references to state the jurisprudential principles of this article, the researcher has endeavored to alleviate the obscurities and to identify the origins of disagreements among Sunni Sects jurisprudents.