Rethinking the Effects of Illegitimate Lineage of Imamites Jurisprudence and Legal - Judicial Iran

قيمت مقاله الكترونيكي: 
3000تومان

@ Seyed Jalal Mousavinasab / Faculty member of the Department of Jurisprudence and Fundamentals of Islamic Law,

Payame Noor University                                                                                                     mousavinasab@pnu.ac.ir

Abedin momeni / Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, University of Tehran

                                                                                                                                                        abedinmomeni@ut.ac.ir

Nader Mokhtaria Afrakti / Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Sistan and Baluchestan University                                                                    dr_mokhtariafra@theo.usb.ac.ir

Amir Hamzeh Salarzaei / Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Sistan and Baluchestan University                                                                                                   amir_hsalar@theo.usb.ac.ir

Received: 2021/02/15 - Accepted: 2021/06/01

Abstract

The lineage resulting from canonical and legal marriage requires correctness and effects such as inheritance, alimony, natural guardianship, custodianship, etc are arranged on it. However, an innocent baby may be born as a result of the committing fornication of their lawbreaker parents. There were many theoretical differences between jurists and jurisprudences according to Article 1167 of the Civil Code on the order or non-order of legal effects on the lineage of such a child, and in this regard, different opinions were issued by the courts. The end of this incoherence of votes led to the issuance of a unanimous decision of the Judicial Procedure No. 617-03-04 / 1376 of the General Assembly of the Supreme Court. This study tries to examine this issue based on the jurisprudence and legal-judicial system of Iran and uses a descriptive-analytical method and with the help of library tools. The view of adjudication a child to a whoremonger who is contrary to the famous saying of the Imami jurists and in accordance with the opinion of contemporary jurists, and especially in accordance with the fatwa of Imam Khomeini, according to which a great change in Iranian law took place, is preferable and stronger. Therefore, due to the existence of a special text, except for inheritance, all legal effects on illegitimate lineage are also regulated.

Key words: effects of lineage, legitimate lineage, illegitimate lineage, children's rights, kids' rights.

سال انتشار: 
1400
شماره مجله: 
283
شماره صفحه: 
49
صفحه شروع مقاله: 
49
صفحه پایان مقاله: 
63