مطالعات زن و خانواده (Mar 2016)
Receiving Wage for Child Custody from the Perspective of Islamic Jurisprudence
Abstract
custody and guardianship of child amongst sensitive and important issues that is considered in Family Institution regionthat doing it in certain section of The age of the child, the mother Is responsible. It is clear that curated and upbringing of the child, demands effort andabundance inconvenience and hence an important question that respond to it required is that, is the mother for Maintenance and guardianship of child, the competency of the receive wage for it? permissibility or nonexistence of permission of taking wages for guardianship is one of the origins of the Jurisprudential disagreement. so that, many of special jurisprudents and the public by providing several evidences and with emphasis on the custodianship obligatory and the nature of its command, and lack of license of taking wages for obligatory acts, has ruled into the lack of license of taking wages for guardianship and in contrast, some of them have been believed a license wages on guardianship.the authors in this research, with descriptive-analytic method, meanwhile, explore Promise to to permissibility and the lack of permissibility, through the the prove of the customary truth to the notion of guardianship and also based on the presumption of innocence in Neccessity judgment doubts of and the other evidence and confirms has proven righting of guardianship into child mother and with emphasis on not opposed between the necessity of an action and receive wages for it, this such a results that receiving wages for guardianship is permissible.even in the premise of its necessity. moreover Since other evidence of the believers in the permissibility accomplisher to the purpose and was not enough to prove his claims and the other hand despite the benefit in guardianship and respect of the inalienable act and with the absence of an obstacle, principle due permissibility of the obtaining of wages is based on guardianship.
Keywords
