• List of Articles custody

      • Open Access Article

        1 - Investigating the status of woman in Islamic ethics, emphasizing the right of custody and women's employment in the rights of Islam and humanity
        Ilnaz  Ali Nejad seyed mahdi salehi reza nik khah sarnaghi
        The family institution has been mainstreamed in Islam in its introduction to the Convention on the Rights of the Child and has been introduced as the most important framework for the development of the child. When parental separation occurs, the issue of custody and pri More
        The family institution has been mainstreamed in Islam in its introduction to the Convention on the Rights of the Child and has been introduced as the most important framework for the development of the child. When parental separation occurs, the issue of custody and priority of the parties arises for the care of the child, which is similar to the circumstances, in the absence of the necessary conditions for the custody to be transferred to the opposite party. At the same time, today one of the indicators of human development is the extent to which women are present and how they play their roles in various fields of activity, which has a serious impact on other actions. The issue of protecting women's rights and non-discrimination on the basis of gender is a special issue. Success in this case needs to be paid for employment that is being tackled. For this reason, custody and employment are two related concepts, in which the maintenance and upbringing of the child requires income, which is realized with the aim of improving the continuous education of children based on the active participation of women in employment. Its apparent manifestation and manifestation in Islamic law is more evident than its application to human rights. Manuscript profile
      • Open Access Article

        2 - Methods of Fostering Orphaned Children and Children with Unqualified Parents in Iranian Law
        Elaheh Mohseni
        Protecting children at risk is one of the most important issues of child rights under international and regional conventions and domestic laws. The principle accepted in family law is the parent's priority for child custody. However, if the child’s welfare requires, one More
        Protecting children at risk is one of the most important issues of child rights under international and regional conventions and domestic laws. The principle accepted in family law is the parent's priority for child custody. However, if the child’s welfare requires, one way of protecting children with unqualified parent(s) is to keep them in a safe environment outside the family by qualified persons or public or private entities and institutions. In this way, the ultimate goal is to restore parental ability, rebuild family relationships and provide the opportunity for the child to return to the family. This study uses library resources, laws, regulations and interviews with experts and professionals of Behzisti (State welfare organization) and judiciary to try to identify different ways of providing administrative and judicial support to orphaned or abandoned children In order to provide effective guardianship and care for them. According to current laws and regulations, in case of guardianless or neglected child, caring for him/her would be in a family setting and otherwise in a residential child care community. In addition to restoring family competence, the independence of the supported child also terminates the intervention of public institutions to support children and adolescents without effective guardian. Undoubtedly, the successful return of the child to the original family requires a gradual and supervised process as well as eliminating the existing family problems. Manuscript profile
      • Open Access Article

        3 - A Critique on the Scope of Child Custody in Iranian Law with an Emphasis on Jurisprudence
        mostafa nasiri
        Background and Aim: Under the rule stipulated in Article 1210 of the Civil Code, minors who have reached puberty can be allowed to leave the custody of their parents and guardians and continue their lives independently before mentally mature. It is clear that such a rul More
        Background and Aim: Under the rule stipulated in Article 1210 of the Civil Code, minors who have reached puberty can be allowed to leave the custody of their parents and guardians and continue their lives independently before mentally mature. It is clear that such a rule will involve a lot of damage for minors. Now the question is if in the light of principle of harm, a step can be taken to protect children more and so limit the scope of this legal ruling? In this article, the author is trying to provide an appropriate answer to this question by relying on some jurisprudential opinions and rules and legal ideas so that the interests of minors were better considered. Method: This research has been done using documents and library resources and descriptive-analytical method. Results: Leaving a child out of parental custody before reaching mentally mature is against the goals of care and education and can cause irreparable damage to the child first and then to the society. But unfortunately, due to the interpretation of Article 1210 of the Civil Code, there is a possibility of minors leaving custody early and causing such injuries to them. Therefore, before the legislative reform, it should be thinked about the interpretation and implementation of the law in order to prevent such a situation in the family and society. Conclusion: Currently, based on some jurisprudential opinions as well as the principle of harm, it is necessary to consider the continuation of custody of children until they reach the mentally mature stage. Manuscript profile