Examples of the province of "customary guardian" in jurisprudence

Subject Areas : All jurisprudential issues

mihammadhosein meshkati ¹ , seysdalireza hoseini ² , alireza salimi ³ , Abdullah omidifard ⁴

1 - PhD Student in Jurisprudence and Fundamentals of Islamic Law, Department of Jurisprudence and Fundamentals of Islamic Law, Mahallat Branch, Islamic Azad University, Mahallat, Iran.
2 - mahallatbranch,islamic azad university,mahallat,iran
3 - Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Mahallat Branch, Islamic Azad University, Mahallat, Iran.
4 - Faculty member of Qom University and lecturer. Lesson of jurisprudence and principles

Received: 2021-01-25 Accepted : 2022-08-20 Published : 2022-03-21

Keywords: customary guardian, a guardian, Jurisprudence, Shari', case studies,

Abstract :

One of the most frequent institutions that is considered in various jurisprudential subjects is the institution of "Wilayat (guardianship) ". Among the examples of guardianship, "customary guardianship" has been less discussed and studied, and in addition to the need to explain the nature, it is necessary to examine the arguments for the legitimacy of its guardianship. Accordingly, the major question of the study is "What are the principles of legitimacy of customary guardian?". The research hypothesis is that blood relatives (other than father and paternal grandfather) are the customary guardians and narrative and rational arguments can be used for the legitimacy of their guardianship. The method of this study is descriptive-analytical and the religious arguments are analyzed in it. The finding of the current study suggests that by analyzing and scrutinizing the primary and secondary arguments of the guardian, the customary guardian can be accepted as a constrained guardian. Accepting the legitimacy of guardianship of a customary guardian will have many effects on individual and social life. In addition, it can reduce some of the responsibilities of the government and the judiciary system, and manage affairs more easily and by the people themselves.