Deprivation of parental custody due to addiction and physical and mental illness in Iranian jurisprudence and law

Document Type : Original Article

Authors

1 PhD Student in Islamic Jurisprudence and Law, Khomein Branch, Islamic Azad University, Khomein, Iran

2 Professor of Law, Saveh Branch, Islamic Azad University, Saveh, Iran

3 Assistant Professor of Law, Shahid Mahallati University of Qom, Iran

10.30510/psi.2022.291532.1850

Abstract

Guardianship and custody of the child for reasons such as divorce or separation of parents and their death, from the child's childhood to reaching physical and mental maturity in Imami and Hanafi jurisprudence is referred to as custody. "Custody" is a kind of guardianship and kingship over children and the insane in order to maintain and educate them. This is one of the rights and duties of parents. The issue of custody is a complex issue in family law, and despite extensive studies by jurists and jurists, some issues remain unknown. Parents are the first people to play a role in shaping children's personalities. A safe environment and the right behavior develop children's thoughts and talents, while due to the problems that parents face, such as physical and mental illnesses, Addiction to drugs and alcohol, etc., will make children more vulnerable. The children in this family suffer from frustration and despair, these parents have a destructive role in their children's lives, unfortunately, not much research has been done in this field and it needs more research and investigation. In this article, we look at some of these problems.

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