The educational guardianship of a paternal grandfather over his grandson; Analysis of the inclusion of general arguments for guardianship and its reflection in Imami jurisprudence and Iranian law.

Document Type : Original Article

Author
حجت اله دهقانی
Pajouheshgah Fiqh-e Nizam
Abstract
The guardianship of the paternal grandfather in financial and marriage matters, as one of the fundamental issues of Imami jurisprudence, has long been accepted and agreed upon by jurists. However, his guardianship over the upbringing of the child has received less attention and there is no explicit statement on it in the narrational and jurisprudential sources. The present study, focusing on the “paternal grandfather’s guardianship,” examines the general evidence for guardianship and reviews the possibility of its inclusion in the field of upbringing. Accordingly, consensus, narrations (including narrations of the grandfather’s submission to the father in marriage, narrations of the father’s dominance over the child and the necessity of obedience to him), the rule of “the son of the father is the son,” behavior, and practical principles are examined as the most important evidence. In the following, the reflection of these evidences in Imami jurisprudence and then in Iranian law is analyzed. In Iranian civil law, although Articles 1180 and 1183 of the Civil Code stipulate the compulsory guardianship of the father and paternal grandfather, the limits of this guardianship in the field of upbringing are not clear. Judicial practice also shows that in practice, different interpretations of paternal guardianship over educational matters have been presented. Thus, this research attempts to review the position of paternal guardianship in raising a grandchild and explain its relationship with the Iranian legal system by combining jurisprudential evidence and legal analysis.
Keywords
Educational guardianship, paternal grandfather, general arguments for guardianship, Imami jurisprudence, Iranian law, judicial procedure