نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه فقه و حقوق اسلامی، دانشگاه بزرگمهر قائنات
2 دانش آموخته کارشناسی فقه و حقوق اسلامی دانشگاه بزرگمهر قائنات
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In some jurisprudential sources, conditions are mentioned for one who has custody. One of these conditions is Islam. In other words, if one of the parents is non-Muslim and the child is Muslim, he loses custody of his child. Most Shia jurists accept this opinion. There are differences of opinion among Sunni schools. Some do not consider Islam as a condition, some consider this condition to be different for a man and a woman who has custody, and some agree with Shia. The proponents of this ruling have cited the verse of Nafi Sabil, the verse of Izzat and the hadith of of the superiority of Muslims over non-Muslims. There are fundamental criticisms of these citations; Among the above two verses, it cannot be the basis of this ruling. This hadith, in addition to being associated with serious challenges from a documentary point of view, is also related to the superiority of the power of Islamic thought and ethics, as has been suggested in independent researches. On the other hand, looking at custody as a guardianship and extending the rulings of the guardianship to it is worthy of consideration. Custody is a right that cannot be denied except with a valid reason. The emotional and mental damage caused to the child is another damage caused by the implementation of this sentence. Perhaps the implementation of this ruling will lead to desecration of religion and turning away from it. On the other hand, the philosophy quoted for this ruling, which is influence, is distorted in many ways. The present research has been carried out with the aim of investigating the validity of the foundations of this ruling and also criticizing them using library sources and in the context of a descriptive analytical method with a critical approach.
کلیدواژهها [English]
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