Effects of Supervising Orphaned Children in Iranian Legal System

Author Name(s): Hosein Shafiei Fini, Sepideh Bouzari
Author Email: bozari.sepide@yahoo.com

Abstract

Children as a group of human society are always in need of protection due to the lack of physical and cognitive development. Supervision is an issue about a group of children. Institution entitled “Supervision of orphans” has been rehabilitated with certain legal effects according to Islamic emphasis on the need to reach orphans and altruism, personal and social benefits and troubleshooting the problems of children orphaned. Iranian legislator passed the law called “protection of orphans” in 1974. This law does not meet the expectations of current need. How and when to get the supervision of child is a legal issue and it depends on social condition on the one hand, because the legal nature determines the shape and the circumstances, Present study talks about the substantive conditions (inheritance, alimony, guardianship, custody, extended family name, the sanctity of marriage, succession, etc.). Genealogy in Islam is the foundation of stability in the family. In this article, substantive conditions and the works associated topics are discussed wrt the Iranian legal system. The author of this study has used analytical method and library records and after checking the sources tries to explain effect of supervision of orphans in the Iranian legal system in order to enrich the legal system and fix problems associated with this issue.

Keywords

Supervision, Orphans, Adoption, Adopted child,Family

Introduction

Adoption is not recognized in Islam and adopted children do not have legal relationship with father like real children. Of course, the problem of orphans and abandoned children is highly regarded in Islam. So in different parts of life of Imams and Islamic history this subject is much seen. In Iranian law, adopted children are not accepted like real children. They are not accepted and essentially adoption is not recognized in Iranian law but there are regulations about supervision of orphans and execute these laws. Due to this fact that altruism and helping attitude are the major elements of Iranian culture, Islamic teachings emphasizes on reaching out orphans and unaccompanied children.

Conclusion

The adoption of orphan addition to the benefits for orphan is very effective for strengthening the family and removing overt and covert anomalies of parents who are childless and this will help effectively for healthy family. Adoption of orphans also have social benefits because when orphan grow in family

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