Jurisprudential-legal study of the role of mother's chastity in child custody with emphasis on observing hijab and referring to nudity culture in western societies

Document Type : Academicm and Research

Author

Member of prvate Law, faculty of law, Qom university

10.22091/csiw.2024.10582.2523

Abstract

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The present article seeks to analyze in an analytical way by referring to library sources and based on the methodology of legal knowledge, in addition to paying attention to the results of the efforts of jurists, the effect of the issue of chastity with the focus on the observance and non-observance of hijab by the mother in the matter of child custody. Especially for the girl, report on the legal aspect and explain its role in enjoying the condition of moral health of the mother who is responsible for custody and explain the relationship that he finds with titles such as justice, depravity and trustworthiness of the guardian in the issue of moral degeneration and deprivation of custody. . Pajesh's achievement indicates that, from the jurisprudential-legal aspect, a level of mother's hijab is effective in ensuring the child's moral health and the mother's possession of the necessary moral conditions in the matter of child custody, and it can play a role in his chastity under description of chastity. ; Even if his righteousness and non-debauchery cannot be considered a condition of custody. Based on this, if the non-observance of the mother's hijab is enough to put the chaste upbringing of the child in serious danger according to the prevailing Sharia and customs; He is no longer a guardian in the matter of custody of the child, and the continuation of such custody leads to harm to the child, and therefore custody can be taken away from him.

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