Volume 15 - Legal Innovation                   MLJ 2021, 15 - Legal Innovation: 289-303 | Back to browse issues page

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Sharifi M H, Rafiee Moghaddam A, Jafari M H. The need to observe the envy and interest of the child during custody from the perspective of jurisprudence and subject law. MLJ 2021; 15 :289-303
URL: http://ijmedicallaw.ir/article-1-1412-en.html
1- Yazd Branch, Islamic Azad University, Yazd, Iran
2- Faculty of Law and Theology, Shahid Bahonar University of Kerman, Kerman, Iran
3- Department of Public Law, Yazd Branch, Islamic Azad University, Yazd, Iran
Abstract:  
Background and Aim: Since children need a lot of support to respect their interests and rights, Islamic jurisprudence and law is expedient in various issues and has considered the envy of children. And the legislature sets the rules to take into account the different circumstances and situations of the child. The purpose of this article is to explain the strategies for observing the envy and interest of the child during custody.
Materials and Methods: This descriptive-analytical article has been prepared by using documentary method and filing tool.
Results: The findings indicate that; Expediency is a powerful tool that can be used to the benefit of the child by observing jurisprudential and intellectual standards. The importance of this issue is evident in the adaptation of dynamic Shiite jurisprudence to the new conditions of society. Adulthood has criteria and symptoms that are considered a child until these symptoms and criteria are met. And needs support, and in some cases, especially in finances, the jealousy and best interests of the child should be considered by his or her guardians.
Ethical considerations: From the beginning to the end of the article, it has been prepared and compiled with adherence to the principles of honesty and trustworthiness.
Conclusion: Guardianship of children is a very important issue that has long been discussed and studied by jurists and jurists. In this regard, the Family Protection Law approved in 2012 in order to protect children, has enacted new laws that in order to protect the child, the observance of envy, expediency and benefit is the criterion. The new attitude of the law has caused all issues related to custody and custody, including the right to visit, agreements on custody, transfer of the child to another city, etc., to be the basis for court decisions based on the best interests of the child.

Cite this article as: Sharifi MH, Rafiee Moghaddam A, Jafari MH. The need to observe the envy and interest of the child during custody from the perspective of jurisprudence and subject law. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/04/6 | Accepted: 2021/08/16

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