The capacity of the Islamic government and the necessity mother's guardianship

Safeguarding children in financial and non-financial respects now is the concern of the legislator in terms of guardianship [wilayat], custodianship [hiḍanat], and wardship [ghimumat]. The specific guardian can be father, father’s father, and the executor appointed by him who has complete right on financial and non-financial matters of the minor and the mentally mature juvenile. These rights, in the absence of father, lead to some problems for the infant and the mother who usually is the custodian of the infant. Administrative and judicial procedures, too, aggravate the problems. This paper is a critical analysis of Iranian laws concerning guardianship, custodianship, and wardship over minors and, after proposing the existing problems, introduces the legal vacuums related to the financial matters of minors. At the end, the paper suggests that, on the basis of secondary verdicts and with the recommendation of the court, father’s right of guardianship be transferred to mother after his death with respect to time and place circumstances of the Islamic government.