نوع مقاله : مقاله پژوهشی
نویسندگان
دانشیار، دانشگاه آیتالله حائری (ره)، میبد، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Scale The Expediency can be clearly observed in all the Islamic commandments related to natural guardianship. The divine law regarding natural guardianship is intended to guarantee the best interests of the ward. Of course,the term best interest is different from that used in prayers,which is beyond human understanding.Guardianship as well as the regulations and characteristics set forth for the guardian , and in the context of the veracity and ratification of the relevant possessions, the Expediency is used as a scale to control, guide, and monitor both in process and the results.Transferring a child’s guardianship to the father (or to the grandfather) shall be enforced with due consideration of the necessity of realizing the legislator’s demand in achieving the infant’s Expediency;and such transfer is, in fact, supported by the Principle of Expediency which seems perfectly reasonable and justifiable.The assumption of mother’s sole/shared custody lacks sufficient upright reasoning . Transferring guardianship to the mother or giving the mother shared custody of the child would be against the multiple interests of the society, the child, the mother, and the newly founded family.This study reviews the emergence and adoption of the Principle of Expediency in natural guardianship and the statements related thereto in Islam.
کلیدواژهها [English]
