Perché è l’uomo il tutore degli figli?
Per rispondere a questa domanda è necessario fare alcune considerazioni:
1. Legislazione
a. In ogni tipo di legislazione, vengono prese in considerazione le caratteristiche Overall, if necessary, however, the legislature also evaluates the exceptions.
b. Laws must be considered together, within the legal system and not separately. The law relating to child custody can not be understood only within the Islamic legal system.
c. With regard to the law on child custody, we must consider some points: the feelings of the father, the mother's feelings, the feelings of children, issues concerning the future of their children, their education, economic rights and their maintenance, life future parents, etc..
2. Custody of the children in Islam
a. Islam is required for humans to keep their children, even if data were in custody to the mother.
b. According to the fatwa of the majority of the marja ', the custody of male children is entrusted to two years in the case of the mother and daughters up to seven years.
c. While the woman has a right to custody of the children (if established), the man is a must. So the mother can refuse, whereas the father is obliged to accept their expectations.
d. Husband and wife can, if they want, decide on custody of children, choosing to agree on the solution that seems best for the growth of children.
e. In the case one parent or both are not equal to the protection of children, an Islamic court may decide to entrust them to the other parent or a third person.
3. The philosophy of child custody
a. The child in the early years of his life is in deep need of maternal, also a responsible mother is particularly careful in responding to all the needs of their child. Therefore, it is clear that children should be entrusted to the mother during this period.
b. Since human beings have an innate tendency to follow a model in their lives, it is necessary that the boys spend more time with his mother, and then be assigned more Later the father and son more time with his father, venendogli given as soon as possible, so that everyone can follow the way of life more suitable to their sex.
c. If the child custody to the mother had a duty and should last a longer period, this would make it difficult for her to start a new life, in fact for a man is more difficult to accept the children of the wife at home. Instead, women being more emotional, more easily accepted to take care of the children of her husband.
Per rispondere a questa domanda è necessario fare alcune considerazioni:
1. Legislazione
a. In ogni tipo di legislazione, vengono prese in considerazione le caratteristiche Overall, if necessary, however, the legislature also evaluates the exceptions.
b. Laws must be considered together, within the legal system and not separately. The law relating to child custody can not be understood only within the Islamic legal system.
c. With regard to the law on child custody, we must consider some points: the feelings of the father, the mother's feelings, the feelings of children, issues concerning the future of their children, their education, economic rights and their maintenance, life future parents, etc..
2. Custody of the children in Islam
a. Islam is required for humans to keep their children, even if data were in custody to the mother.
b. According to the fatwa of the majority of the marja ', the custody of male children is entrusted to two years in the case of the mother and daughters up to seven years.
c. While the woman has a right to custody of the children (if established), the man is a must. So the mother can refuse, whereas the father is obliged to accept their expectations.
d. Husband and wife can, if they want, decide on custody of children, choosing to agree on the solution that seems best for the growth of children.
e. In the case one parent or both are not equal to the protection of children, an Islamic court may decide to entrust them to the other parent or a third person.
3. The philosophy of child custody
a. The child in the early years of his life is in deep need of maternal, also a responsible mother is particularly careful in responding to all the needs of their child. Therefore, it is clear that children should be entrusted to the mother during this period.
b. Since human beings have an innate tendency to follow a model in their lives, it is necessary that the boys spend more time with his mother, and then be assigned more Later the father and son more time with his father, venendogli given as soon as possible, so that everyone can follow the way of life more suitable to their sex.
c. If the child custody to the mother had a duty and should last a longer period, this would make it difficult for her to start a new life, in fact for a man is more difficult to accept the children of the wife at home. Instead, women being more emotional, more easily accepted to take care of the children of her husband.
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