نوع مقاله : علمی و پژوهشی
نویسندگان
1 مدرس و عضو گروه فقه و حقوق قضائی جامعه المصطفی
2 گروه حقوق خصوصی - دانشگاه قم
3 استادیار دانشکده حقوق دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The compensation for custody and the guarantee of its implementation, including criminal and civil law in Islamic jurisprudence, the laws of Iran and the United States of America, is the issue discussed in the present research, which is addressed through an analytical and descriptive method, and the most important findings of the research indicate that the famous Imami jurists believe that paying the compensation for custody is considered to be primarily the responsibility of the father, and in case of the father's incapacity or death, it is the responsibility of the paternal ancestor. Regarding the mother who is the guardian of the child, there are different views in two cases before and after the divorce. This matter has different aspects before divorce, and it may be in the form of conditions during and after the marriage, or there may be an agreement on its termination. The payment of custody compensation after divorce depends on the fact that if custody is regarded as an obligation, then it is not appropriate to receive a wage in return for it, but if custody is considered a right, it is possible to receive wages for custody and there is a clear position in Iranian criminal law.
کلیدواژهها [English]
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