نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه مذاهب اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
In religious law of holy Islam the protection in personal affairs for father and father’s progenitor commonly is fixed, this is mean that each of them have independent role for their protector to protect him/her. Because minors and insane person have no power and personal volition and couldn’t attract their own affairs, so Shar’ select for them a protector, and appropriate of protector in their affairs is not correct except in case of protecting from their profits and interests. So appropriation of father, father’s progenitor, brother and trustee which are as a protector for them, must base on expediency and provided no mischief. The jurisconsults of Sonni and Shi’a in this case and in some fields have different ideas and each of them had their own viewpoint and reasons. Accordingly this article examines conditions that are necessary for mansuetude of protector for protecting from Shi’a and Sonni point of view.
کلیدواژهها [English]