جستجوی مقالات مرتبط با کلیدواژه « parents » در نشریات گروه « فقه و حقوق »

Child custody is a significant issue faced by families after divorce in all legal systems. In Iranian law, custody refers to the keeping, care, and regulation of a child's relationships with others, while in Canadian and English law, it encompasses all the rights, duties, powers, responsibilities, and authorities that parents have concerning their child and their property. The crucial question to be addressed is how divorce affects child custody according to the legal systems of Iran, England, and Canada. It appears that while divorce itself does not have a direct impact on the priority of one parent over the other in terms of child custody in Iranian law, the actual determination of custody between the father and mother becomes evident after divorce due to their pre-divorce cohabitation. In Canadian and English law, explicit gender priority in post-divorce custody has largely subsided since the 1970s, with custody laws focusing on an independent assessment of the child's best interests and welfare, thus divorce does not affect the priority of one parent over the other regarding child custody. The research methodology employed in this study is descriptive-analytical and documentary, utilizing a library-based approach. After analyzing the content, the following conclusions were drawn: firstly, it should be noted that Canadian law is similar to English law in most related aspects. Secondly, custody in Iran only encompasses child custody, while in common law, it also includes guardianship and wardship. In common law, both parents can jointly seek custody, and there is no priority between them. The court decides which parent should be responsible for custody based on the child's best interests and welfare. Additionally, the mother's remarriage does not affect custody arrangements. However, in Iranian law, although custody remains with the mother until the child reaches the age of 7, guardianship remains with the father. Anything that endangers the child, such as insanity, leads to the deprivation of custody. Iranian legislation considers the mother's remarriage as a ground for depriving her of custody, but it does not consider the father's remarriage as an effective ground for deprivation. Nevertheless, according to Article 41 of the Law on Family Protection enacted in 2012, the court has the authority to modify or extend custody duration and the custodial parent based on the child's best interests.

Children's rights are one of the most important rights in the laws of Islamic countries, which include financial and non-financial (spiritual) rights; One of the most important spiritual rights of a child is the right to custody; For this reason, the issue of the rights and responsibilities of father and mother in the matter of custody and guardianship of children in religious traditions is one of the issues that have been discussed and challenged by jurists of different countries. This article, which is written in a descriptive-analytical method and applying the laws of Islamic countries, seeks to explain the right of custody in the laws of Islamic countries, and the issue that has caused a distinction between father and mother in the laws of Islamic countries in the matter of custody is thatThese laws and traditions have defined special regulations regarding the guardianship of male and female children by father and mother. According to these traditions, apparently, when the parents are separated, the main criterion in determining the guardian for the child is the child's age.The results of this research show that the laws related to child custody among Muslim countries have tended to prioritize the "best interests of the child" and have set specific duties and responsibilities for parents regarding child custody.

The rights of children due to their special conditions, are the focus of domestic and international documents. For this reason, the judicial investigation of child abuse requires the role of other authorities, including forensic medicine. The aim of the current research is to examine child abuse by parents in jurisprudence and law; with emphasis on the role of forensic medicine. The question is, how can forensic medicine prevent child abuse by parents? The hypothesis is this: As a special authority, the forensic medicine, with its knowledge and expertise, acts to identify the physical and physical cases of the child abuse and reports them to the judicial authorities. The findings of the research confirm that due to the complexity of diagnosing child abuse and the rapid disappearance of physical injuries, the lack of expertise of judicial institutions, as well as the need to determine the exact amount of injuries and damages inflicted on children, we need the role of forensic medicine. Providing specialized and technical information and informing judges about new types of child abuse is one of the forensic assistance in this field. Due to the necessary expertise and skills, forensic medicine is both a suitable support for the realization of justice in the judicial system and the issuing of decisions, and a source for reforming the structures that lead to the occurrence of child abuse. In the current research, a descriptive method was used, and the materials were also collected by means of documents.

Raising children and related rulings is one of the important issues of jurisprudence, the dimensions of which can be extracted from religious evidence and sources. The verse 233 of Surah Al-Baqarah or "Ayah Muḍāra" is one of these proofs that has not been taken into consideration in the articles from the point of view of "educational jurisprudence". When it comes to this verse, there are some reflections. Who is harmed in this verse? Can it be cited when education is discussed from a jurisprudential viewpoint? Is harm specific to the harm of abandoning a child, or does the conceptual scope of this word include other positive actions and actions of parents as well? Are non-physical, spiritual and other-worldly losses included in the definition of "lā tuḍār" (do not inflict harm)? The results of the research showed that according to two possible meanings of the verse, which is strengthened by some factors, harm to the child is supposed, and thus this verse finds a special place in the Qur'anic arguments of educational jurisprudence. The concept of harm in the verse is general and it includes any forms of harm, physical, mental and spiritual of the child. According to the conventional meaning of harm and the example mentioned in the verse, this word is also true for the current desertion that leads to the harm of the child. The purpose of this research, which was carried out in an analytical way and which relied on Quranic sources and opinions of Imamiyya jurists, is to develop the conceptual realm of harm in this verse so that it can be used in the citations of the jurisprudence of education.

One of the important issues of the legal community is the protection of children against physical injuries. Many laws have been approved in this regard in international organizations and the Islamic Council because they are people who are unable to recognize and defend themselves against the dangers caused by surrounding objects and need protection. In this article, we will try to address the negligence of the parents towards their children, which leads to their death while they are responsible for their care, and examine the legal responsibility of public institutions in preventing and punishing the perpetrators. The question that arises is the fault of the parents in this regard, is it a crime?􀀃If it is a crime, what punishment has the legislator considered for it, and can the public prosecutor follow up on the matter or does it require a private plaintiff's complaint? In other words, is the crime public or not? In these cases, innocent children die due to unnatural events, and the case is usually referred to as suspicious death by reporting the case to the prosecutor's office to issue a burial permit by referring him to the forensic pathologist. Therefore, the point of discussion is where the fault lies with the child's parents. Customary necessities, fairness and moral values, due to the special conditions of children and parents, reduce the criminal responsibility of parents towards their children and cause the society to deal with the issue with tolerance.􀀃On the other hand, the existence of some unfortunate social realities such as children with bad guardians, it is necessary for parents' responsibility to have a practical aspect .

The domain of emotional education is one of the domains that are highly crucial to people's personality. The role of parents in the early years of the child as the first and most important factor of upbringing is very prominent inasmuch as they have special duties to fulfill. The current research seeks to discover the Shari'a ruling on the duties of parents in this area. In order to achieve this goal, the jurisprudential proofs concerning the parents' duties must be analyzed using an inferential method. By using some general proofs such as the verse "Wiqaya"[3] and the verse "Muḍārra" as well as some traditions of good discipline, it is possible to prove the obligatory duty of parents in some cases. Considering the traditions related to the first seven years and the characteristics of this period, the following duties can be deduced for parents: kissing, caressing and hugging, playing with the child, leaving the child free, managing their emotions and meeting the needs of the child.

Cultivating discipline in children and teenagers to regulate their activities and behaviors based on the teachings of Islam, the laws of the Islamic government and the norms accepted in the society is extremely important. Many problems in different areas of human life are caused by chaos, confusion and a lack of discipline. Therefore, fostering discipline in children and teenagers is the basic pathway to solve these challenges. The current research examines the role of the family institution in fostering discipline in children and adolescents from a jurisprudential point of view. The important question is: What is the religious duty of the family institution in fostering discipline and cultivating good habits in children and teenagers? In order to discover the ruling, the verses, traditions, jurisprudential teachings and the dictate of reason have been analyzed in an analytical and inferential way. Based on the findings of this research, in cases where disorder and lawlessness lead to leaving out the obligatory duty and falling into harām, as well as to damage or chaos and disruption in the social life system, it is obligatory for the institution of the family to cultivate order and discipline in children and adolescents.

Emphasis on the population control program in the United Kingdom and the United States over the past decades, and as a result, increased use of contraception methods and failure of them, along with advances in assisted reproductive technologies and prenatal diagnosis, have led to litigations in the two countries' courts which are apparently aiming at supporting children's right to welfare.This paper has been tried by using documentary method to answer the main question what is children's lawsuits of welfare right and what criticisms bring to them? these types of suits are based on their own kind, petition on the part of children or their parents in courts, and the basis of this type of lawsuit is the conflict of the rights of parents, children, physicians and society, which, of course, includes serious criticisms such as inherent contradictions in these claims, conflict with the rules, the impossibility of assessing the damage in these cases, the failure to inflict harm on the child and the negative consequences. In Iran’s law, there are problems in several aspects of this lawsuit, such as ambiguity in the subject matter of the lawsuit and the reasons for the existence of the right and the serious conflict between the lawsuit and the rules of fairness and benevolence, custom and ethical rules and values.

The principle is on personal responsibility; This means that no one bears the burden of other sins and everyone is responsible for their own actions. However, according to Article 7 of the Civil Liability Law, whenever the parents and legal guardians are at fault in the care and custody of the child, they are liable for the harmful acts of the child, and this liability also includes transactions that result in harm to the child in cyberspace. The specific components of cyberspace and the ease of conducting transactions leading to gross fraud by the child in cyberspace, require pure or absolute responsibility for the parents of the child that the Iranian legal system, unlike the American legal system, still tends to this direction. Has not found.Ethical considerations:preserving the originality of texts and fidelity in speech quoting, as the most important ethical requirements, have been considered by the authors. Given the need to consider liability for parents and legal guardians (and not the child himself) for transactions made by him in cyberspace, this liability seems as a kind of performance guarantee in order to perform the family institution optimally. From a jurisprudential point of view, this is an exception to the provisions of the rule of "Burden" and the principle of personal responsibility, and from a legal point of view, the legislator begins to move from the classical theory of fault and gradually accept pure or absolute responsibility for the child's parents.

The family has always been considered as the most basic social institution, paying attention to which is vital for ensuring the health of society’s members. Therefore, governments engage in systematic planning to support this institution, which contributes to the strength and consolidation of the whole society. Childbearing plays a very important role in the development of this social institution, improving the mental health of the family and thus of the community. Recent years have witnessed a special type of childbirth sometimes called calendar birth, in which parents insist, without being medically necessary, on untimely cesarean section to give birth to their child on a special day. This can have serious risks, because according to scientific research, interfering in the natural process of birth will have many negative and irreparable consequences. It is even acknowledged that important phases of fetal brain development take place in the final weeks of pregnancy. Families do this solely for the aim of bragging, and unfortunately it is going to form a new unfortunate, immoral custom. It should be noted that calendar birth is an issue in developed countries as well. It causes enormous costs to the health system of any country, as it deprives the baby of its uterine development, while the optimal growth and development of the fetus is a natural right of hers. Calendar childbirth is thus an emerging issue for discussion that have not been exclusively researched in Iran yet except for one article in which some dimensions of the legal responsibility ensuing from untimely cesarean operations have been examined with the emphasis   being on the physician’s liability. The importance of addressing this issue is doubled by the threatening consequences that change the fate of innocent children, especially because this action is carried out by parents for non-therapeutic and unnecessary purposes. Civil liability has specific goals and functions with regard to the individuals directly involved, the wrongdoer and the victim, and to the society as well; therefore, identifying civil, criminal and disciplinary liabilities for those involved in the calendar birth can curb, to a great extent, the continuation of this abnormality.The present article has been written in a descriptive-analytical method using library studies and deductive reasoning, to address the concern thus described.Calendar birth is a cesarean section performed out of time without medical necessity, the sole purpose of which is to give birth to a baby on a specific date. This type of birth has inevitable risks for both mother and baby due to the change in the natural delivery process. Apart from being immoral, and seen from a legal viewpoint, the calendar birth imposes civil, criminal, and in some cases disciplinary liability on involved persons. Demonstrating the elements of civil liability, including 1) the entry of loss, 2) the harmful act and 3) the causal relationship, in calendar birth establishes the civil liability of physicians, parents and health centers. In such a birth, the doctor, having the knowledge and expertise, is the one to whom the untimely birth is directly imputable (direct agent or Mubashir), and the parents provide indirect cause (indirect agent or musabbib) by expressing their consent to the premature cesarean delivery. Health centers are potentially a third agent in possible damages, due to their role in employing the doctor and the health service contract they enter into with the parents.The present study seeks to answer the following questions: First, can civil liability be established in a calendar birth? Second, assuming the answer to the prior question is positive, who can be held liable for compensation? and third, what is the legal bases for such liability? There is definitely a case for civil liability, the article asserts,  in the calendar birth, and doctors, parents, as well as medical centers can be held responsible. According to Article 526 of the Islamic Penal Code, in the case where both a direct and an indirect agent exist, the responsibility for compensation is distributed based on the effect of the perpetrators’ behavior and based on an objective standard. Therefore, the following results can be inferred:The calendar birth takes place with the aim of giving birth to a baby on a specific date or occasion, without considering the possible risks of untimely cesarean section. It is not only unethical, but also leads to legal liability.The elements of civil liability, i.e. the occurrence of loss, the harmful act and the causal relationship, can be established in the case of calendar birth for doctors, parents and health centers by deduction from various laws.The most recent policy the Iranian law adopted towards the case in which a direct agent and an indirect agent coexist is promulgated in Article 526 of the Islamic Penal Code enacted in 2013. This article explicitly holds the wrongdoer to whom the crime is imputable to be liable for compensation, and if the crime is imputable to all wrongdoers, they will each have an equal share of the liability, unless the effects of their behaviors in the loss are unequal, in which case their respective shares of responsibility will be proportioned to those effects, being measured according to an objective standard.The doctor, as a knowledgeable, expert professional involved in the calendar birth has the duty of providing adequate explanations to parents about the potential risks, and if cesarean section is performed, he will be held liable as the direct agent of the harmful act whose behavior have the greatest effect on the loss.Parents' consent to premature birth, when they are aware of the possibility of irreparable damages, is a cause of untimely cesarean section. Holding them responsible for their decision, which does have a tangible impact on the situation at issue here, as clearly endorsed by the objective standard, is in accordance with the law and with the interest of society and will help prevent the occurrence of similar incidents.The recognition of the principle of shared liability is Iranian law is attested in Articles 12 and 14 of the Civil Liability Act. The legislator has established a legal conception of causality in these articles, hence protecting the endangered rights in the best possible manner. Considering their employment relationship with physicians and their contract with parents, health centers also have to be held responsible to the extent of the impact of their behavior according to the objective standard.

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.

The rights of the child are one of the most important examples of human rights, because if children do not have adequate care and rights; They cannot enjoy mental and physical health and have a useful presence in human society in the shadow of these rights. Given the importance of children's rights, we seek to answer this question; What is the importance of caring for child rights in human rights?In the international arena, they have ratified the International Convention on the Rights of the Child. Iran's civil rights are in violation of international law, which provides only for children born after birth. She also paid attention to the birth of the child. In this article, with a descriptive-analytical method, we examine the rights of the child in human rights from the perspective of Iranian and international law and briefly find this result; In recent decades, Iranian law and international law have taken a new approach to child protection; Even for the fetus from the time of sperm clotting are considered legal. These include: will in favor of pregnancy, right of inheritance, will, endowment, etc ... and alimony before the birth of a child, which are the distinguishing features of Islamic law with international documents.

There is no doubt that mother or father, who is not awarded to have the custody of the child by the court, has visitation right, as Article 29 of the Family Support Act (passed in 1391) and other related acts including Article 1174 of the Civil Code clearly recognize this right for them. However, Article 29 of the mentioned law claims that in addition to parents, relatives are rightful to visit the child. According to the law, visitation right is mentioned in divorcement chapter and therefore this question arises that their visitation right exists only when parents are legally divorced or they also have the right when parents live apart or even when the child is under custody of both parents. To answer this question, this article is pursuing to prove that relatives who are in blood relation with the child (known as relative relatives) do not have absolute and independent visitation right; In fact, their right is conditional upon death or absence of parents, unless emotional attachment and child's interest and prudence exceptionally necessitates visitation to relatives.

Prayer is one of the main Islamic teachings. Prayer in Islam - apart from the Qur'anic prayers which are revelatory - is another expression of the teachings of revelation in order to educate the individual and ensure the health of society. Prayer is a method that simultaneously contains the messages of education, training and worship. The humanizing school of prayer, in addition to self-improvement, has an important role in educating others as it approaches the origin of existence.</span> Children are the dearest and most pleasing people around any person, and "prayer" can play a decisive role in their guidance and happiness. This research will seek to extract the rulings related to the duty of parents in raising their children by the method of "prayer" before birth in the ijtihad style.</span> In order to achieve the happiness and well-being of children, the school of Islam has paid serious attention to this issue before birth and has emphasized this basic method in its educational programs. Therefore, the parents' prayer for their children before they are born is one of the recommended and moral rules of Islam, which can be proved by various rational and narrative arguments.</span> One of the results of this study is that parents' prayers for their children have many situational effects and blessings that bring great success to the child during her life and in different areas of life.

Physical nurturing is one of the most important areas of education in terms of taking measures and providing the necessary grounds for physical development, nurture, and satisfaction of the needs of the child's body. One of the measures that provides the ground for the growth and physical wellbeing of the child is physical health and hygiene. Physical health as one of the essential factors instrumental in nurturing involves parents who seek to ensure the child's right to proper health care after birth. In the present study, children's physical health has been examined in areas such as physical health, health in nutrition, attention to the characteristics of breastfeeding woman, fasting waiver for a breastfeeding woman, teaching the correct nutrition pattern to the child. Every single topic has been studied in the light of jurisprudential evidence (verses, narrations and reason), and the following conclusions have been obtained:Bathing and shaving the baby's hair and circumcising the baby boy, choosing a pretty breastfeeding woman, the right nutrition pattern for children are some of the essentials of proper nurturing and parenting.

Undoubtedly, a decent religious education that underlies the realization of Islamic ideals forms the basis of the Islamic society. In the noble religion of Islam, two elements of family and divine education have been highly emphasized. The question now is what are the parents' responsibilities in raising children in the family? The Islamic jurisprudence, which is responsible to assign duties in different areas, is a valid source that can state the terms and conditions of parental responsibility in educating and upbringing children. Those conditions can be inferred by delving into the jurisprudential sources. Seerah or the normative conduct is one of the valid religious sources that can be cited and relied upon. This study examines the implications of different kinds of seerahs and conducts including those of the prophets in the Qur'an and the infallibles with respect to the parental duties in the education of children. The aforementioned normative conducts mainly indicate a focus on education and upbringing to the extent of general permissibility, and some of the evidences surrounding it suggest a preference, which is more farreaching and wide-ranging than just obligation [wujub] and desirability [istihbab].

Education is one of the most important commandments of Allah Almighty to the servants, and is considered to be the main duty of the parents towards their children. But in jurisprudential texts, there are but very few traces of it, and it is briefly discussed as part of the topic concerning guardianship and custody whereas, in fact, pedagogy and moral education has been mentioned in detail in the original sources of jurisprudence such as the Quran and Sunnah. For instances, clear references have been made to tarbiyah (education) in verses such as the verse of wiqayah (protection) and verse of "command to prayer" and also, there are different narrations which refer to the concept of education and its necessity on all individuals in general and parents, close relatives and the ruler in particular. Therefore, they are commissioned to educate others especially children and adolescents. In this study, five main reasons have been presented regarding the necessity of educating adult and non-adult people to make it clear that education is an independent concept and it is not a topic discussed under guardianship so that only the father, not mother, should play a role in educating a child, nor is it discussed as a part of the topic of 'child custody' so that it may come to an end after a child attains puberty.

Discrepancy in the meaning of the word breed has led to different views about the inheritance of grandchildren. Because, some jurists believe that the word “breed” can also include the grandchildren as well as the offspring. Some other jurists consider the word metaphorically implying the concept of grandchildren. There are also different views on some occasions like consecration on children, the deportation of a woman due to the custody of one of her children and so on. Therefore, Sheikh Sadugh, unlike the others, believed that grandchildren can inherit if their parents are not dead. Besides, contrary to common belief, he supposed that the daughter of dead son can inherit equal to dead daughter and the son of dead daughter equal to dead son. That is the main reason for inconsistency in the amount of daughters’ inheritance while their companion with the sons. The word “breed” in encyclopaedia and verses and hadiths also means the children of the children and defined as “someone that is born from another one”. Such definition includes the grandchildren, too and custom and sharia can also confirm that. Furthermore, lawyers affirmed offspring meaning by defining the word as “someone who is born directly or indirectly from another one”. Juristic people, in contrary to jurists, do not believe in deprivation of the grandchildren in inheritance owing to the live of dead person’s parents. However, based on the hadiths, daughters’ breed and sons’ breed inherit differently.

According to Islamic teachings Islam is a comprehensive religion and has programs for all aspects of human life. One of the most important issues the significance of which is tangible due to increasing development of technology and social evolutions is sexual pedagogy. The present paper has studied this branch of training in jurisprudential teachings with the aim of elucidating and explaining the sexual training issues with the approach to explain the edict of each issue from among the five edicts and not to confine to narration of the traditions without extraction of edicts, and obtain a collection of jurisprudential edicts about sexual pedagogy. The present paper due to quantitative deficiency in writings about the issue, has studied the most important issues of sexual pedagogy in four periods of life: before berth, berth to maturity, maturity to marriage and marriage period itself.