Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The guardianship of men and women over their children

Document Type : research

Authors
1 Ph.D. Student of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, North Tehran Branch, Islamic Azad University, Tehran, Iran.
3 Assistant Professor, Department of Jurisprudence and Law, Faculty of Theology and Islamic Studies, North Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2024.459018.1810
Abstract
Background and Purpose: Some differences and developmental differences between men and women, which cause differences in interests and corruptions, are the source of differences in rights and duties. Accordingly, the purpose of this article is to examine the similarities and differences between men and women in the province.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The findings showed that in Imamiyyah jurisprudence, compulsory guardianship belongs to the father and the paternal ancestor, which can be justified and explained in terms of the family of families, which is It is nuclear, and family relations and relations do not have the quantity and quality of their past, and as a result, the knowledge of children's spirits is mostly limited to first-class members in each family.
Conclusion: Forced guardianship can be fundamentally revised under the dynamics of Shia jurisprudence because, firstly, today's mothers have acquired many capabilities compared to the mothers of the past in managing the family and children, and secondly, the discussion of the conflict between the guardianship of the grandfather and the custody of the mother sometimes affects the psychological security of the mother and children. It is dangerous and can have social and psychological consequences.
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