Educational jurisprudence

Document Type : Original Article

Author

عضو هیئت علمی پژوهشگاه المصطفی

10.22034/mft.2022.7381

Abstract

his article examines and analyzes child custody from a juridical perspective. Using a descriptive-analytical method, the article seeks to explain child care and custody aimed at protecting his interests in accordance with the teachings found in reliable jurisprudential and educational sources. What emerges from jurisprudential sources is that custody is divinely ordained and it is obligatory on the guardians to protect the child. The necessity of taking care and custody of the child is based on his best interest and the need to educate him under the supervision of a caring and dependable person so that he does not suffer any harm. The conditions suggesting who is entitled to take custody on priority basis are the proof that the physical, mental and emotional upbringing of the child is the main goal of custody and is the focus of Islam's Sharīʿa law. Therefore, when there are signs of the custodian's incompetence, the custody is immediately transferred to a competent person. Because children without custody and deprived of education is one of the problems of today's society. The problem can be solved from the point of view of jurisprudence and education by taking care of them from the first days of birth.

Keywords

 
 
Holy Quran, translated by Ayatollah Makarem Shirazi. Nahj al-Balagheh, translated by Mohammad Dashti, Qom, Amir al-Mominin Research Institute, 1378. Azartosh Azarnoush, Contemporary Arabic-Persian Culture, Tehran, Nei Publishing House, 1379. Ibn Baboyeh Qomi, Muhammad, The Causes of the Laws, Beirut, Al-Alami Publishing House, 1408 AH. Imam Khomeini, Ruhollah, Tahrir al-Wasila, Qom, Ismailian, 1408 AH. , Tahrir al-Wasila, Najaf, Etemad Kazemi School, 1366. , Istafaat, Qom, Islamic Publications Office, 2013. Ansari, Qadratullah and others, Encyclopaedia of Children's Laws and Justices, Qom, Center of Jurisprudence of the Imams of Al-Athar, 1425 AH. Benari, Ali Hammet, an introduction to the educational analysis of jurisprudence; A new field in Islamic education, number 7, 2016. Javadi Amoli, Abdullah, Velayat Faqih, Qom, Isra Publishing Center, 2015. Habibi, Javad, Family Lawsuits and Family Laws, Qom, Khoram Publishing House, 1380. Al-Hur Al-Amili, Muhammad bin Al-Hasan, Wasal al-Shi'a, Al-Al-Bayt Est., 1414 AH. Hali, Abu Jaafar Mohammad, Kitab Al-Raer, Qom, Al-Nashar al-Islami Foundation, Beta. Sobhani, Jafar, Nizam al-Nikah fi al-Shari'a al-Islamiya al-Ghara, Qom, Imam al-Sadiq Foundation, 1416 AH. Shahid Thani, Zain al-Din, Muniya al-Murid, Research by Reza Mokhtari, Qom, School of Islamic Media, 1409 AH. Al-Amily, Muhammad bin Jamal al-Din, al-Rawda al-Bahiya fi Sharh al-Lama' al-Damashqiya, Beirut, Dar Ihya al-Tarath al-Arabi, Bita. Al-Amili, Zain al-Din bin Ali, Masalak al-Afham, Qom, Al-Ma'arif al-Islamiya Est., 1416 AH. Abdul Rasul al-Ghaffar, Abdul Hossein, The Modern Woman, Egypt, Al-Mahtaba Al-Mahr, Beta. Omid al-Din, Abd al-Muttalib, Kanz al-Fawaid fi hal al-problem al-Qasem, Qom, Al-Nashar al-Islami Foundation, 1416 AH. Al-Fazil al-Nakrani, Muhammad, Detail of Shari'ah, Al-Nikah, Qom, Center of Jurisprudence of the Imams of Al-Athar, 1428 AH. Katouzian, Nasser, Family Civil Rights, Tehran, Publishing Company, 1372. Researcher group of women's issues, what we should know about marriage rights, Tehran, Roshangaran Institute and Women's Studies, 1376. Langroudi, Mohammad Jaafar, expanded on legal terminology, Tehran, Ganj Danesh, second edition, 2011. Majlisi, Mohammad Baqer, Bihar al-Anwar, Beirut, Dar Ahya al-Tarath, third edition, 1403 AH. Mohammadi Rishahri, Mohammad, Mizan al-Hikmah, Qom, Dar al-Hadith, 2014. Madani Kermani, Arefe, Family Lawsuits, Tehran, Majd Scientific and Cultural Assembly, Beta. Motahari, Morteza, Familiarity with Islamic Sciences, Qom, Fiqh, Sadra, Bita. Mullamahdi, Naraghi, Jame Al-Saadat, Qom, Al-Zahra Press, third edition, 1383 AH. Najafi, Mohammad Hassan, Javaher Al-Kalam, Tehran, Islamic School, Beta. Waziri, Majid, Mutual Rights of Child and Guardian in Islam, Qom, Islamic Propaganda Organization, 1378.