THE CONSEQUENCES OF VIOLATION BY THE NATURAL GUARDIAN FROM THE VIEWPOINTS OF JURISTS OF DIFFERENT ISLAMIC DENOMINATIONS AND THE CIVIL CODE OF ISLAMIC REPUBLIC OF IRAN

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

MORADI KHADIJEH; AMIRI MASTANEH

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: FIGHE MOQARAN Year:2017 | Volume:5 | Issue:9 Page(s): 41-76

Download Full-Text

Persian Verion

View:

2,944

Download:

Cites:

Information Journal Paper

Title

THE CONSEQUENCES OF VIOLATION BY THE NATURAL GUARDIAN FROM THE VIEWPOINTS OF JURISTS OF DIFFERENT ISLAMIC DENOMINATIONS AND THE CIVIL CODE OF ISLAMIC REPUBLIC OF IRAN

Author(s)

MORADI KHADIJEH | AMIRI MASTANEH | Issue Writer Certificate

Keywords

LOSS

VIOLATION OF NATURAL GUARDIAN

DISCRETION OF WARD

MANAGING THE WARD’S PROPERTIES

Abstract

Imami Jurists believe that father and paternal grandfather have been introduced as natural parents of minor, insane and lunatic (whose insanity and lunacy has been continuous to their minority period) but Sunny jurists have different opinions about Natural Guardianship; therefore, Maliki and Hanbali jurists have not applied and exercised the paternal grandfather as a guardianship in their schools. Iranian legislators have followed Imami jurists and the natural guardianship of the father and grandfather has been explicitly required in civil law. Islamic jurists and consequently Iranian legislators, in order to protect ward, have required vast powers for natural guardian; therefore, the father and paternal grandfather have full power to represent the ward’s property and the presumption is that the interest of the ward is observed; therefore, as long as the interest of the ward is observed the activities of the natural father or the parental grandfather are legally effective and enforceable, unless the contrary is established. However, sometimes the natural parent does not do his corresponding duties and misuses his power and applies his personal purposes and doesn’t observe the interests of the ward and causes LOSS to him or her. In the present study, an attempt has been made to deal with treachery and violation by natural guardian and explaining the samples of the violations of natural guardian. Also, in this study, the responsibility of natural parent about ward and also the viewpoints of Islamic jurists and Iranian legislators have been discussed. Deposing the natural guardian who has violated is the strategy and the executive guarantee that Imami jurists have predicted for the treachery and incompetency of natural guardian. Also, in some Sunny denominations, deposing the natural parent has been predicted. Pairing the trustee to natural parent was the strategy predicted by legislators for executive guarantee which was not effective. Finally, the law has been developed for adapting Imami view and fulfilling the requirements. For this purpose, deposing of natural parent has been predicated in article 1184 of civil law for protecting the ward and observing the interests of the ward.

Cites

No record.

References

No record.

Cite

APA: Copy

MORADI, KHADIJEH, & AMIRI, MASTANEH. (2017). THE CONSEQUENCES OF VIOLATION BY THE NATURAL GUARDIAN FROM THE VIEWPOINTS OF JURISTS OF DIFFERENT ISLAMIC DENOMINATIONS AND THE CIVIL CODE OF ISLAMIC REPUBLIC OF IRAN. FIGHE MOQARAN, 5(9 ), 41-76. SID. https://sid.ir/paper/267033/en

Vancouver: Copy

MORADI KHADIJEH, AMIRI MASTANEH. THE CONSEQUENCES OF VIOLATION BY THE NATURAL GUARDIAN FROM THE VIEWPOINTS OF JURISTS OF DIFFERENT ISLAMIC DENOMINATIONS AND THE CIVIL CODE OF ISLAMIC REPUBLIC OF IRAN. FIGHE MOQARAN[Internet]. 2017;5(9 ):41-76. Available from: https://sid.ir/paper/267033/en

IEEE: Copy

KHADIJEH MORADI, and MASTANEH AMIRI, “THE CONSEQUENCES OF VIOLATION BY THE NATURAL GUARDIAN FROM THE VIEWPOINTS OF JURISTS OF DIFFERENT ISLAMIC DENOMINATIONS AND THE CIVIL CODE OF ISLAMIC REPUBLIC OF IRAN,” FIGHE MOQARAN, vol. 5, no. 9 , pp. 41–76, 2017, [Online]. Available: https://sid.ir/paper/267033/en

Related Journal Papers