Custody Compensation in Islamic Jurisprudence, Legal Systems of Iran and the United States

Document Type : Academicm and Research

Authors

1 .Associate Professor, Department of Private Law, Faculty of Law, University of Qom.

2 .Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom.

3 PhD Student in Jurisprudence and Juridical Law (Criminal Law & Criminology), Almustafa International University.

Abstract

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 discussed in the present study, which is addressed through an analytical-descriptive method. Findings indicate that the prominent Imamiyyah 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. There is no objection to the payment of custody wages by the non-custodial parent, and it can hardly be included in the criminal provisions of the Family Protection Act, and in the criminal laws of the United States at the federal and state levels, there is a guarantee of criminal execution such as imprisonment and reduction from the salary of the working parent.

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