Custody of an illegitimate child from the perspective of jurisprudence and law in verses and hadiths
Subject Areas : Quarterly Sabzevaran Fadakمجید رضا کمالی بانیانی 1 , داوود نصیران 2 , سیدمحمدهادی مهدوی 3
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Abstract :
The main basis of jurisprudential and legal issues regarding child custody is derived from the verses and hadiths that have reached us. The custody of illegitimate children, based on these verses and hadiths and the opinions of earlier jurists, and especially with reference to the prophetic hadith "Alvalad Lelfarash Va Lelahar Al-Hajar", due to the denial of their origin (both customary and religious), along with other related provisions (such as guardianship, alimony, etc.) have also been discarded. Considering that due to change in the context of the situation of different periods and in the interest of the child and society, the opinions of jurists have also changed and have been subject to changes in parallel with environmental-social changes; Therefore, it is necessary to examine the opinions of contemporary jurists with the relevant rulings in the verses and hadiths quoted in the opinions of earlier jurists. The results of this study show that matters such as custody, guardianship, alimony, etc., were not the responsibility of the libertine; But with the changes that have taken place in the context of society and relying on the teachings of Imam Khomeini (ra) and, consequently, the views of the unity of the current judicial procedure, most of the duties of parents (except inheritance), regarding the legitimate child has been extended to the illegitimate child, and newer considerations have been made on some issues. The research method was analytical-descriptive.
