Paper Information

Journal:   PAZHUHESHNAMEH MATIN   WINTER 2007 , Volume 8 , Number 33; Page(s) 131 To 147.
 
Paper: 

MOTHER'S CUSTODIANSHIP IN JURISPRUDENCE AND LAW SPECIAL REFERENCE TO IMAM KHOMEINI'S VIEWPOINTS

 
 
Author(s):  MOUSAVI BOJNOURDI S.M., TORKAMAAN E.
 
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Abstract: 

The Arabic word Wilaya (Custodianship) means domination and authority. As a legal concept within the framework of family law it means the authority that the lawgiver grants to father and paternal grandfather for managing the financial affairs and security of the child.
The present article is an attempt to provide answer to the following question: Is it possible to grant custodianship to mother? The research methodology of present study is descriptive-analytical.
Natural custodianship is among rational decrees approved by the Lawgiver. Since during those days the Lawgiver had realized that the financial and marital affairs of the child could be looked after only by the custodianship of father and paternal grandfather, it was approved by the Lawgiver. According to the Imamiah jurisprudence and the jurisprudence of other Islamic schools of thought, the natural custodianship has been granted to father and paternal grandfather and it is claimed that there is a consensus on negation of mother's custodianship. However, today, given the elements of time and space in individual inference, weakening of the foundations of patrimonial family system and the promotion of women's capabilities and knowledge in recognizing the exigency of the child, it is possible to give custodianship of the child to mother.
The authority of natural custodianship of child in financial and marital affairs is limited to observing the exigency of the child. Therefore, regarding other affairs, the custodian should take the permission of the child after the child achieves maturity.

 
Keyword(s): CUSTODIANSHIP, NATURAL CUSTODIAN, TIME AND SPACE
 
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