Document Type : Original Article
Authors
1
PhD Student in Family Law Studies, University of Religions and Denominations, Qom, Iran
2
Assistant Professor, Department of Women’s Studies, University of Religions and Denominations, Qom, Iran
Abstract
Given that the future of society hinges on the proper upbringing and care of children, a matter addressed as custody in the absence of a family, human rationality has consistently sought to resolve this concern. Consequently, this issue is addressed both in the jurisprudence and laws of Muslim countries and in international laws and documents. Furthermore, the role of the mother in child custody has consistently been a subject of contention and careful scrutiny across various legal systems. A question of significant importance is: what are the differences between maternal custody in Iranian law and international documents? This descriptive-analytical study reveals that in Iranian law, custody encompasses the physical care, including nutrition, hygiene, and breastfeeding, as well as the spiritual care, involving education, upbringing, and protection of the child, which is entrusted to the mother until the age of 7. In contrast, in international documents, with emphasis on the principle of the best interests of the child, the concept of custody appears to be broader, as it refers to all rights, responsibilities, and powers of parents concerning the child and their property, which are shared between the parents, and the gender role of the mother is not separately considered. Upon closer examination, it seems that the instances mentioned in the scope of the concept of custody in Iranian law are, in a way, the same best interests of the child, which have been legislated by recognizing and considering these interests.
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