Civil Rights V.kyfry illegitimate child

Subject Areas : فقه و مبانی حقوق

mosayeb taghizadeh ¹ , علیرضا عسکری ²

1 - دانشجوی ارشد دانشگاه آزاد واحد قم
2 - استادیار/ هیئت علمی دانشگاه آزاد اسلامی واحد قم

Received: 2016-05-30 Accepted : 2016-06-04 Published : 2013-09-23

Keywords: illegitimate, child, Marriage, Custody,

Abstract :

AbstractThe illegitimate child is a baby who is born as a result of illegal and illegitimate relations such as adultery or incestuous marriage, with no kinds of marriage contract, then the illegitimate baby due to lack of legal relationship deprives some benefits in the society. Based on dominion of the Art.1167, GH/M, up to the year 1997, s/he could not take benefit from any rights, except the issue of close relationship. However, the jurists with considering the unity discretion for the procedure No.1376/4/3/617, on the strength of the words of some Shia jurists and the Imam Khomeini's reputed theory in this regard, impart the illegitimate child in all civil rights including the custody, guardianship, alimony, ID. Card, residence and etcetera except the issue of heritage, and also if the illegitimate person is murdered by a legitimate person, that person shall also be retaliated, and based on the popular theory of the jurists, the atonement of the illegitimate equals the one of legitimate. In case s/he has no heirs, the religious Imam or governor is considered as his heir.