child custody based on Ja’fari jurisprudence and the Iranian law

A child is a being who is not able to protect itself and is incapable of managing its own affairs.  Therefore, the child needs someone to manage his affairs in the best way in order to meet his major interests and provide the necessities of life. Father, or paternal grandfather as a,” compulsory guardian” or” special guardians” although considered the most sympathetic person towards the child, his actions are bound by expediency. Considering the basic function of expediency in children’s rights, this question is always raised whether “interests of the child” is a rule or a fundamental comprehensive principle in the matter of custody?  Do we look at it as a general rule or not? In Ja’fari jurisprudence texts, regarding guardianship, administration and business, although there is a lot of discussion about the interest of the child, the issue of custody has been neglected. However, in Iran’s legal system; the civil law, the family law refers to the issue of custody of children. In this research, the reasons and documents related to the “principle of expediency in child custody “from reliable Islamic sources were extracted and used to understand the cases of silence in the relevant laws, with the theoretical support of “the principle of expediency in child custody” and the effects of the principle of expediency manifested in the current rights.