Defining Expediency as a Scale of Forcible Guardianship

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ARZHANG ARDAVAN; KALANTARI KHALILABAD ABBAS

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Journal: Islamic jurisprudence Resaerch Year:2018 | Volume:14 | Issue:2 Page(s): 357-382

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Title

Defining Expediency as a Scale of Forcible Guardianship

Author(s)

ARZHANG ARDAVAN | KALANTARI KHALILABAD ABBAS | Issue Writer Certificate

Keywords

Expediency؛forcible guardianshipQ2

the wardQ1

fatherQ3

grandfatherQ1

ScaleQ1

Abstract

Scale The Expediency can be clearly observed in all the Islamic commandments related to natural guardianship. The divine law regarding natural guardianship is intended to guarantee the best interests of the ward. Of course, the term best interest is different from that in prayers, which is beyond human understanding. Guardianship as well as the regulations and characteristics set forth for the guardian, and in the context of the veracity and ratification of the relevant possessions, the Expediency is used as a Scale to control, guide, and monitor both in process and the results. Transferring a child’ s guardianship to the father (or to the grandfather) shall be enforced with due consideration of the necessity of realizing the legislator’ s demand in achieving the infant’ s Expediency; and such transfer is, in fact, supported by the Principle of Expediency which seems perfectly reasonable and justifiable. The assumption of mother’ s sole/shared custody lacks sufficient upright reasoning. Transferring guardianship to the mother or giving the mother shared custody of the child would be against the multiple interests of the society, the child, the mother, and the newly founded family. This study reviews the emergence and adoption of the Principle of Expediency in natural guardianship and the statements related thereto in Islam.

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APA: Copy

ARZHANG, ARDAVAN, & KALANTARI KHALILABAD, ABBAS. (2018). Defining Expediency as a Scale of Forcible Guardianship. ISLAMIC JURISPRUDENCE RESEARCH, 14(2 ), 357-382. SID. https://sid.ir/paper/220910/en

Vancouver: Copy

ARZHANG ARDAVAN, KALANTARI KHALILABAD ABBAS. Defining Expediency as a Scale of Forcible Guardianship. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2018;14(2 ):357-382. Available from: https://sid.ir/paper/220910/en

IEEE: Copy

ARDAVAN ARZHANG, and ABBAS KALANTARI KHALILABAD, “Defining Expediency as a Scale of Forcible Guardianship,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 14, no. 2 , pp. 357–382, 2018, [Online]. Available: https://sid.ir/paper/220910/en

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