THE CONCEPT AND SCOPE OF FATHERS GUARDIANSHIP OF CHILD FROM THE RELIGIOUS PERSPECTIVE

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ALAEI RAHMANI F.

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Abstract

The fathers natural guardianship of child is a point that for long has occupied the minds of Islamic jurisprudence scholars Although this is a point which has many applications, yet it has not been independently discussed either in the Shiite or Sunni jurisprudence,. nor has its scope and limits, been defined clearly. Yet in principe, the scholars unanimously agree that natural guardianship of child is vested in father and paternal grand father. Sexuality plays a key role in determining guardianship. Based on Islamic jurisprudence doctrines, the scope of authority of father over his daughter is broader than over his son. The concept of guardianship has undergone changes in the course of time. Among these developments, only those ,confirmed by Islam are dealt with in the present paper. The aim of the present article is to find out the exait meaning of the concept and scope of guardianship in respect As to the guardianship and authority of father over aughter in respect of marriage, although there are 6 views in this regard, yet we will not mention anonymous points, rather the paper studies the three prevalent doctrines that constitute the basis for Islamic scholars inferences. The paper ends with some solutions to the issue at hand.

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THE CONCEPT AND SCOPE OF FATHERS GUARDIANSHIP OF CHILD FROM THE RELIGIOUS PERSPECTIVE