AN INVESTIGATION ON THE RELATION OF ILLEGITIMATE CHILD FROM THE PERSPECTIVE OF JURISPRUDENCE AND CIVIL LAW

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ABDOLLAHI ALIBEYK HAMIDEH; KHAVARAN SEYEDEH NEDA

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Journal: Jurisprudence and Fundamentals of Islamic Law Year:2017 | Volume:50 | Issue:1 Page(s): 147-167

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Title

AN INVESTIGATION ON THE RELATION OF ILLEGITIMATE CHILD FROM THE PERSPECTIVE OF JURISPRUDENCE AND CIVIL LAW

Author(s)

ABDOLLAHI ALIBEYK HAMIDEH | KHAVARAN SEYEDEH NEDA | Issue Writer Certificate

Keywords

ILLEGITIMATE CHILDQ1

CLOSE CANONICAL RELATIONQ1

ILLEGAL RELATIONQ1

MARRIAGEQ1

Abstract

The cause of discrepancies regarding enjoyment or deprivation of ILLEGITIMATE CHILD from rights within family concerns the issue of relation because there are discrepancies among the jurists regarding the relation of ILLEGITIMATE CHILD and these different views are the origin of discrepancies among the jurists regarding deprivation or enjoyment of rights within family, about which there has been two tenets among the Shi’ite jurists. The first tenet, which is advocated by earlier jurists and some contemporary ones, repudiates the relation of ILLEGITIMATE CHILD to the parents and consequently reject the application of all the rights concerning this relation except those rights which are proved for caution purposes or a specific cause, like the MARRIAGE between the parents. The second tenet that believes in the relation of ILLEGITIMATE CHILD to the parents is the tenet of contemporary jurists, which approves all the rulings for this relation, which are concerned to this relationship except the right which is denied for a specific reason like heritage between those two. In the present study, with regard to a series of proofs, we have proved the first tenet, which is the reference of civil code article 1167.

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APA: Copy

ABDOLLAHI ALIBEYK, HAMIDEH, & KHAVARAN, SEYEDEH NEDA. (2017). AN INVESTIGATION ON THE RELATION OF ILLEGITIMATE CHILD FROM THE PERSPECTIVE OF JURISPRUDENCE AND CIVIL LAW. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 50(1 ), 147-167. SID. https://sid.ir/paper/198513/en

Vancouver: Copy

ABDOLLAHI ALIBEYK HAMIDEH, KHAVARAN SEYEDEH NEDA. AN INVESTIGATION ON THE RELATION OF ILLEGITIMATE CHILD FROM THE PERSPECTIVE OF JURISPRUDENCE AND CIVIL LAW. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2017;50(1 ):147-167. Available from: https://sid.ir/paper/198513/en

IEEE: Copy

HAMIDEH ABDOLLAHI ALIBEYK, and SEYEDEH NEDA KHAVARAN, “AN INVESTIGATION ON THE RELATION OF ILLEGITIMATE CHILD FROM THE PERSPECTIVE OF JURISPRUDENCE AND CIVIL LAW,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 50, no. 1 , pp. 147–167, 2017, [Online]. Available: https://sid.ir/paper/198513/en

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