Document Type : Original Article
Authors
1
Master of Science, Private Law, Faculty of Literature and Humanities, Bu-Ali Sina University, Hamedan, Iran.
2
Assistant Professor, Department of Law, Faculty of Literature and Humanities, Bu-Ali Sina University, Hamadan, Iran.
Abstract
The end of custody of children is an important issue that has significant effects on children and their parents in terms of psychology, sociology and law. Iran's civil law does not have an explicit ruling about it, and there is no consensus among jurists and lawyer. Therefore, it is necessary that the end of the custody age be legislated in order to avoid differences of opinion and the harm of applying tastes and wrong decisions to parents and children, in this research, via study and review the laws and regulations This issue was discussed in the laws of Iran and a number of Islamic countries, and it was clear from the results of this review; As in Iranian law, some people believe that custody ends when they reach the age of puberty, and others believe that custody ends when children reach the age of puberty and maturity. There are different opinions in the laws of the mentioned countries, but Unlike Iran, most of these countries have a legal text about this time that governs these disputes. Also, in the laws of most Arab-Islamic countries, the age of custody ends with reaching the age of maturity or marriage. In this article, by studying the age at which custody ends in the above countries, as countries like Iran, whose laws and regulations are derived from Islamic jurisprudence and Islamic culture prevails in them, and examining legal changes, jurisprudential opinions, Quranic verses and hadiths, It was concluded that reaching the age of puberty and maturity is the ending time of custody.
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