Growth validity for ending custody in Imamiya jurisprudence and identifying growth index in Iranian legal system

One of the mechanisms for supporting children in the Iran’s law is custody. This task is the responsibility of parents from birth, but there are ambiguities about the end of this task. Given that the issue of custody is "child", lawyers consider the end of childhood (puberty), to be the en...

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Veröffentlicht in:مطالعات تطبیقی فقه و اصول مذاهب 2021-09, Vol.4 (2), p.137-162
Hauptverfasser: Maryam ul Sadat Mohaghegh Damad, Atie sadat Safavi Sohi
Format: Artikel
Sprache:per
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Zusammenfassung:One of the mechanisms for supporting children in the Iran’s law is custody. This task is the responsibility of parents from birth, but there are ambiguities about the end of this task. Given that the issue of custody is "child", lawyers consider the end of childhood (puberty), to be the end of custody, but since identifying the concept of "child" is a point of contention, so this thought will not be helpful. However, according to the opinion of shia jurists, reaching the age of "maturity and growth" is the end of custody, which is also ambiguous due to the lack of clarity of the concept of growth. The present research has been compiled in an analytical-descriptive manner by referring to library documents and it is identifying the differences and planning a specific age for the end of custody. Considering the well-known opinion of jurists, examining the various concepts of growth (both financial and non-financial), paying attention to the current society and the customary nature of growth recognition we can say the end of custody can be extended until experts recognize children to continue independent life. There is very little research in this area and their general argument is the age of custody, but this article offers the main solution by stating different assumptions of growth and paying special attention to jurisprudential sources
ISSN:3041-8682
DOI:10.34785/J023.2021.006