نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه فقه و حقوق اسلامی ، دانشگاه شهرکرد
2 گروه فقه و حقوق اسلامی دانشگاه شهرکرد
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
in the matter of guardianship and custody of a illegitimate child, even though Islamic jurists believe in not assigning the said child to the natural father, some believe in the proof of responsibility. In the jurisprudence sources of Fariqin, this issue is mentioned under the title of "Valiyat Wali Ghari" and different views have been expressed about it. Famous Imami jurists and some Ahl al-Sunnats have believed that the natural father does not have the duty to take care of a illegitimate child by referring to the "negation of the relative relationship between the father and the illegitimate child" and have considered the guardianship of the illegitimate child to be one of the duties of the ruler of Sharia. The origin of the differences between the jurists of Islamic schools of thought is based on their analysis and different interpretations of the cited evidence. Some contemporary jurists of the Imamiyyah have believed in the responsibility of the natural father by referring to jurisprudential terms and rules. Considering the importance of the subject and the details in the civil law, the present research tries to answer the question of who is the guardianship and custody of the child with a descriptive-analytical method. The result of this research is to identify the natural father as guardian. According to this province, he is also responsible for providing for the child's living expenses. Also, custody will generally be the responsibility of the mother and then the natural father..
کلیدواژهها [English]
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