Analyzing the Effect of Change of Power Structure in Families on Guardianship's Right

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Shafizadeh Farzaneh; POURABDOLLAH KOBRA; Mohaghegh Damad Maryam al Sadat

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Journal: Islamic Journal of Women and the Family Year:2020 | Volume:7 | Issue:17 Page(s): 167-190

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Information Journal Paper

Title

Analyzing the Effect of Change of Power Structure in Families on Guardianship's Right

Author(s)

Shafizadeh Farzaneh | POURABDOLLAH KOBRA | Mohaghegh Damad Maryam al Sadat | Issue Writer Certificate

Keywords

power structure in familiesQ1

parents' and children's rightsQ1

guardianship over propertyQ1

guardianship over marriageQ1

Abstract

The gradual changes in societies that emerge from the modernism have caused to change the power structure in most Iranian families from authoritarianism (patriarchy) to semi-democracy. This change has affected all family aspects, especially, the legal rights of its members that one of the most important rights is guardianship's right. This study aimed to investigate and analyze the effect of this change on guardianship's right, so related references including legal and jurisprudential articles, books and texts were reviewed. According to the results, legislator, in consistent with the change of power structure in families, has made the observance of child's interests the basis for legislating new laws or modifying previous laws, and has limited natural guardian's guardianship applications. However, there are still some issues pertaining to the mentioned right on which legislator has not paid attention and so some legal gaps have been created. It is suggested that previous laws should be modified or new laws should be legislated by their jurisprudential capacities.

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APA: Copy

Shafizadeh, Farzaneh, POURABDOLLAH, KOBRA, & Mohaghegh Damad, Maryam al Sadat. (2020). Analyzing the Effect of Change of Power Structure in Families on Guardianship's Right. THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY, 7(17 ), 167-190. SID. https://sid.ir/paper/378144/en

Vancouver: Copy

Shafizadeh Farzaneh, POURABDOLLAH KOBRA, Mohaghegh Damad Maryam al Sadat. Analyzing the Effect of Change of Power Structure in Families on Guardianship's Right. THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY[Internet]. 2020;7(17 ):167-190. Available from: https://sid.ir/paper/378144/en

IEEE: Copy

Farzaneh Shafizadeh, KOBRA POURABDOLLAH, and Maryam al Sadat Mohaghegh Damad, “Analyzing the Effect of Change of Power Structure in Families on Guardianship's Right,” THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY, vol. 7, no. 17 , pp. 167–190, 2020, [Online]. Available: https://sid.ir/paper/378144/en

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