نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار گروه فقه و مبانی حقوق اسلامی دانشگاه سیستان و بلوچستان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Custody, meaning the protection, maintenance, and upbringing of a child, is one of the most important rights of a child, because under proper care and upbringing, the child is protected from dangers and harms and acquires the necessary skills and abilities for life. Custody of a child is the right and duty of the mother in Kuwaiti law, and in Iranian law it is the right and duty of the parents, and is usually carried out with the participation of the parents, but where the parents live apart, it becomes a source of conflict. The legislator has mentioned the rights and duties of the parents regarding the custody of the child in the event that they do not live together in some legal articles. One of the points considered by the legislator is that in entrusting the custody of the child, his best interests must be observed. According to the legal articles and jurisprudential sources, the most important criteria for the best interests of the child are "religious education", "moral education", "physical health", "mental and psychological health", and "acquiring knowledge and skills". However, sometimes there is a conflict between the interests of the child and the parents or the different interests of the child? The question is, what is the duty in these cases? Based on the present research, which was conducted in a descriptive-analytical manner and using library resources, in Imami jurisprudence, Iranian and Kuwaiti law, in the event of a conflict between the different interests of the child, the more important characteristic will be the decision-making criterion. For example, in the event of a conflict between physical health and religious and moral education, in the early years of the child, since the physical needs of the child are more important, physical health will be the decision-making criterion. The severity and weakness of the possible harm can also be a decision-making criterion. Also, in the conflict between the interests of the child and the parents, the interests of the child take precedence because the child is more vulnerable.
کلیدواژهها [English]
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