Volume 17, Issue 58 (4-2023)                   MLJ 2023, 17(58): 916-931 | Back to browse issues page

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Akbari M, Ommi A, Zarei Mahmoudabadi M. The Role of Communicable Diseases in Parental Custody Deprivation. MLJ 2023; 17 (58) :916-931
URL: http://ijmedicallaw.ir/article-1-1713-en.html
1- Department of Law, Faculty of Humanities, Ayatollah Boroujerdi University, Borujerd, Iran.
2- Department of Private Law, South Tehran Branch, Iclamic Azad University, Tehran, Iran
3- Department of Fiqh and Fundamentals of Islamic Law, Faculty of of Theology and Islamic Studies, Imam Sadiq University, Tehran, Iran
Background and Aim: Increasing the number of infestious diseases among people, the need to avoid contact with a person with infectious diseases, disruption of family rules and custody and the impact of these diseases on the healt of children and parents, cause disagreement in depriving a person of custody the disease has become contagious. Disagreement and deprivation of custody due to contagious disease and providing the interests of the child and parents and the need to provide solutions to apply legal rules and amend the provisions of civil law from the context and goals of the present.
Method: This research uses Islamic sources in a descriptive-analytical method and using library sources to prove the hypothesis that under certain conditions, infectious diseases can lead to deprivation of custody.
Ethical Considerations: Throughout the present study, scientific integrity and fidelity have been fully observed.
Results: Illness in certain conditions will lead to the removal of custody, putting the child's health at risk and causing harm to them, or the caregiver may not be able to perform child-related tasks due to a chronic illness. Considering that the personal supervision of the guardian in carrying out custody duties is not a requirement, if the caregiver is able to prevent the spread of the disease by taking actions such as hiring a nurse, the principle of custody survival remains.
Conclusion: The findings of the study show that in cases where the result of leaving the child to a sick person endangers the healt of the child, according to the secondary rule of no harm and Article40 of the constitution and Article 1173 of the civil code, custody will be revoked.unless the sick person is able to provide conditions that prevent the disease from spreading to the child.

Please cite this article as:
Akbari M, Ommi A, Zarei Mahmoudabadi M. The Role of Communicable Diseases in Parental Custody Deprivation. Medical Law Journal. 2023; 17(58): e62.
Type of Study: Original Article |
Received: 2023/07/25 | Accepted: 2023/12/3

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