A Comparative Study of the Concept of a ‘Poorly Supervised Child’ and Its Effects on Law and Jurisprudence Based on Imam Khomeini’ Viewpoints
| Autor: | Mohammad Mehryar, Mohsen Vaseghi, Seyyedeh Fatemeh Hashemi |
|---|---|
| Jazyk: | perština |
| Rok vydání: | 2024 |
| Předmět: | |
| Zdroj: | پژوهشنامه متین, Vol 26, Iss 102, Pp 97-120 (2024) |
| Druh dokumentu: | article |
| ISSN: | 2423-6462 2676-5888 |
| DOI: | 10.22034/matin.2024.201565.1506 |
| Popis: | The concept of "poorly supervised child’ is a new concept in the field of private law. Since "poor or bad supervision" has legal and criminal effects, such as disqualification of the supervisor or criminal punishment for the bad supervisor, the investigation of this concept requires special attention. The concept of poor guardianship has not been discussed independently in jurisprudence, but it can be deduced from the discussions of jurists. This research is an attempt to analyze this concept in Imam Khomeini's viewpoints through his statements on topics such as terminating the guardianship, the fall of custody, and justice in relation to the guardian of a child. However, the definition of this concept in law has some shortcomings. The legislator has explained it only in one case. The spread of the concept of poor or bad guardianship and its traces in the law show the necessity of more investigation of this concept to fulfil the society’s needs. The main question is: What is the rule for applying the concept of bad guardianship to the religious and legal guardians of a child? Although the rule set in jurisprudence is general, by employing this issue within the legal framework, it is possible to determine some of its non-exclusive examples. Therefore, the general rule in jurisprudence is that the commitment of a prohibited act related to the duties of parents leads to the application of bad guardianship to the guardians. The term "bad guardian" does not necessarily mean depriving the child of guardianship, but it helps the judge to issue a fair verdict. |
| Databáze: | Directory of Open Access Journals |
| Externí odkaz: |
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