Confrontation between the right and duty of custody by accepting the priority of the interest of the child from the perspective of Islamic jurisprudence and Iranian law

Custody is a right and at the same time a duty, which the law entrusts to the parents to keep the child. Two issues have been considered as challenges in this article; On the one hand, custody is the right of the parents, and on the other hand, custody is recognized as the duty of the parents. This issue has increased the difference between jurists and lawyers regarding the removal of this right. Therefore, in this article, an attempt is made to examine the aspect of the right of custody and how it compares with the duty. The approach of this article is descriptive-analytical; Library sources have been used to collect data. The result of this article considers custody as a right that can be revoked and transferred for parents in the relationship between themselves, and in the case of their disapproval of custody at the same time, it is a duty for one of the parents who has priority for custody at that time. It is known (because the right of the child is preferred over the right of the parents) and the guarantee of civil and criminal enforcement is applied to the person in charge of custody.