Islamic Law

Islamic Law

The possibility of developing mother's custody rights in Imami jurisprudence

Document Type : Original Article

Author
A graduate of the fourth level of the seminary and a researcher of the Higher Institute of Islamic Jurisprudence and Sciences
Abstract
Custody is an important legal institution derived from Imamiyyah jurisprudence, which is considered as one of the most vulnerable and fate-shaping elements of the family due to its nature of support, maintenance and upbringing of children. This institution, in spite of proving some powers regarding the custody of mothers and their custodial role in both executive and supervisory dimensions, is facing many problems and hardships, which in some cases cause mental and physical harm to the child under protection. These damages sometimes arise from the wide scope of the father's parental authority, possible conflicts in the parents' decisions for the child, as well as the absence of the father, which all in all refer to the shortcomings of the mother's authority in the custody of the child. The current research, which was provided in the direction of solving conflicts and expanding the powers of the guardian mother, considered solutions such as expediency, paying attention to the pillar of legal guardianship, as well as the application of some traditions about custody as the way to solve the problem, and found that in today's times, in order to increase the powers Laws based on Imamiyyah jurisprudence can be passed in the custody of the mother.
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