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Paper Information

Journal:   JOURNAL OF HISTORY OF CIVILIZATION AND JURISPRUDENCE   WINTER 2011 , Volume 7 , Number 26; Page(s) 59 To 96.
 
Paper: 

A COMPARATIVE STUDY ON THE GUARDIANSHIP OF IDIOTS AND THE RETARDED IN SECTS, JURISPRUDENCE AND IN IRAN LAW

 
 
Author(s):  DAVARYAR M.A., ALIZADEH GH.
 
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Abstract: 

The perspectives of Islam are based upon the rules and principles, which are unique in comparison with other divine religions in greatness and in expansion. On this basis, the honor and respect of the family has been the basic center of the society and the principles of 10 and 21 of constitutional code are the explanation of this general rule.
Regarding this point, the richest parts of law in Islam, since the birth time, is the question of children protection and basic guidance of the retarded and idiots as well as the feeble-minded until they reach maturity.
This paper is concerned with studying, first, the well- being and sound individuals, which is opposite to the weak of understanding groups, and second, the paper attempts to investigate the non-exceptional case of people in both groups under the law, whether under the jurisprudential view of sects or the civic code in Iran.
Then, the present article proceeds to consider six cases of the Hajar instruments under the Imamiyyeh’s view as follows: childhood, madness, retardedness, foolishness and childhood that cause idiotness and abandonment. The shi’ite jurists consider growth and maturity and development the fact of coming out of retardedness and abandonment.
Under the civic code, the acceptable age to reach maturity is nine years old for girls and 15 years old for boys. Some Sunnite castes, according to certain traditions, consider the age of maturity 15 for both girls and boys.
Most shi’ite and Sunnite jurists agree on the financial conditions of the foolish and idiots, and consider their occupational actions valid by the permission of their guardians and parents.

 
Keyword(s): IDIOT, WELL-BEING, SOUND, GUARDIANSHIP, SECTS, CHILDHOOD, MINORSHIP, DEVELOPMENT, MATURITY, FOOLISHNESS
 
References: 
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  Persian Abstract Yearly Visit 141
 
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