Determining General Interests of the Child in the Perspective of Imamiye Jurisprudence and It's Fundamentals

Discarding the authority of an individual on other in Imamiye Jurisprudence is one of the fundamental principles. Child’s guardianship however, is the exception of this principle which bases on the child’s especial situation. The exception faces a restrictive factor; Interest. Child’s interests can be divided into General and Private interests on the basis of extension or restriction to one person. In jurisprudence texts, private interests are under attention while we can infer general interest from Islamic sources. Determining general interest is possible by recognizing human being’s life time and periods and child’s destination in each level. This will help the guardians and the judges in taking decisions and evaluating theirs.