Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

A Comparative Study of Receiving Wages on Child Custody in Imamieh and Sunni Jurisprudence

Document Type : Original Article

Authors
1 Ph.D. Student in Jurisprudence and Islamic Law, Khomein Branch, Islamic Azad University, Khomein, Iran.
2 Professor, Department of Islamic Science, Saveh Branch, Islamic Azad University, Saveh, Iran. (Corresponding Author)
3 Assistant Professor, Department of Law, Shahid Mahallati University, Qom, Iran.
10.22034/jccj.2023.387500.1211
Abstract
Custody of the child for reasons such as divorce or separation of parents and their death, from childhood to physical and intellectual maturity is referred to as custody in Imami and Sunni jurisprudence. Custody is a kind of guardianship over the child and insane for the purpose of their care and upbringing. There is a difference of opinion among Shi'a and Sunni jurists from different religions regarding whether or not it is possible to pay for the custody of a child. In general, the author considers that receiving remuneration for custody by the mother is permissible both according to the religious reasons related to the custody and according to the principle of Javaz, both religiously and rationally, and the person is entitled to receive remuneration for custody.
Keywords

Volume 1, Issue 1 - Serial Number 1
Spring 2021
Pages 135-146

  • Receive Date 18 December 2020
  • Revise Date 21 January 2021
  • Accept Date 13 February 2021
  • Publish Date 21 March 2021