Investigating the basics of children's rights in Islamic jurisprudence and Iranian law

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Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:

Rituals and cultures, as well as different historical periods, have not enjoyed the same status and rights. The extent of their rights in all societies depends on conditions such as religious, cultural, economic and social relations of each period. Today, the issue of children's rights has received special attention in various legal systems and international regulations. The need to recognize the rights of the child, on the one hand, is rooted in the idea that human justice has a fundamental and central role for him to achieve personal and social happiness, and on the other hand, from the physical and mental weakness and underdevelopment of the child in fulfilling the rights. himself and as a result, his need for support and special care before and after birth arises. These rights have been examined from various aspects and in different branches of law and have legal, social, cultural, political and economic dimensions in the national and international arena. A child means a young person who has not yet grown up and matured. The word baby (if it does not mean child) is also mostly used in the same sense. The term "infant" has a more specific meaning and is simply referred to the infant period of the child. Baby also refers to the period of infancy and shortly after. In Arabic, the words "tifle" and "saghir" are synonyms of "baby", the word "ra'ee" means an infant, and the word "sabi" sometimes means a child and sometimes means an infant. In different legal systems, a child is defined by different criteria. In most of the new legal systems, the definition of a child refers to a person's age, and age is the only factor that distinguishes childhood from adulthood; However, in Islamic jurisprudence and law, the end of childhood refers to the maturity of a person, which means the beginning of a stage of life that, on the one hand, occurs with the emergence of some physical changes, including the flowering of the sexual instinct, preparation for birth and reproduction, and on the other hand, On the other hand, intellectual, perceptive and psychological powers develop. Maturity is the criterion of entering from childhood to adulthood, and age is only one of the indicators of maturity. In this research, we will discuss children's rights in detail from the perspective of Islamic jurisprudence and the subject laws of the Islamic Republic of Iran.

Language:
Persian
Published:
Arshian Fars Jurisprudence and Legal Journal, Volume:1 Issue: 3, 2023
Page:
2
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