custody

The “Rule of Negation of Unbearable Hardship” (La-Haraj) is one of the most applied rules in jurisprudence according to which no decree (Hokm) in Islam is issued which causes unbearable hardship. Paying attention to the jurisprudential foundations on which this rule is based is particularly important, because differences of opinion on its jurisprudential foundations in judicial courts sometimes lead to different verdicts that are issued in similar cases. Since one of the applications of this rule is in family matters, it is necessary to pay attention to these principles, because in addition to removing ambiguity in legal cases, it prevents the personal preferences of individuals in applying this rule to similar cases. Therefore, the question is to what extent, according to Imam Khomeini's opinion, can the capacity of this rule be used in various lawsuits, especially family lawsuits? Attempts have been made in this research, through employment of descriptive-analytical method, to study the content and evidence of the Unbearable Hardship Rule and the jurisprudential foundations effective in applying this rule to the jurisprudence of the family. Moreover, while addressing a judicial decision, it has been stated that commonsense is the main criterion and standard for recognizing unbearable hardship regarding different people, while taking into consideration the individual and social characteristics of the duty-bound person as well as the factor of time and space. What is meant unbearable hardship in this paper is the personal practical hardship both physical and spiritual, which includes all obligatory decrees (obligatory and unlawful). This rule is not applied to past cases of unbearable hardship and only includes present and future cases and is also applicable to the rights of others.

Breastfeeding is a two-way relationship between mother and child, which creates a right for the mother to feed the child with her milk on the one hand, and on the other hand, it is one of the rights of the child, which includes the child's excellent health benefits and is one of the branches of the child's fundamental right to nutrition. On this basis, it is necessary to be respected by both governments and society. The issue that occurs in between is how to explain and frame the limits of the rights and freedoms that the child and the mother have in this matter. Is there a right for a child to breastfeed? Is breast-feeding a child a right or a duty for a mother? These are the questions that arise from the issue of rights related to breastfeeding, and the answer depends on examining, firstly, the role of governments in supporting breastfeeding and establishing protective regulations and employing encouraging tools, and secondly, examining the regulations of family rights. This research, using a library method and with a comparative study of the role of the government in international documents and Iranian laws, as well as a comparative study of the rights and duties of breastfeeding in Imamiyyah and public jurisprudence, the legal system of Iran and other Islamic countries, has reached the conclusion that the fundamental rights and freedoms of the mother The normal right of the child to be fed with mother's milk is overcome.

Guardianship of children and their custody are two important things in the family institution. According to Shia jurisprudence, the guardianship of children is the responsibility of the father and their custody is the responsibility of the mother. Now we have to answer the question, what effect does change the gender of parents have on guardianship and custody of children? In response to this question, this research investigates two points of view with a descriptive-analytical method. First, because the father loses the title of a father by changing gender and the mother loses the title of mother by changing gender, their custody and guardianship over the child are lost. On the other hand, some jurists consider it possible to remain in their guardianship and custody. Because in the social context, people call those who were parents before the gender change because the title of each parent cannot be taken away from them by gender change.