Islamic ideology is based on certain remarkably
inspiring and uncontested important legal norms and principles as
compared with other divine religions .
Given this fact , foundation of family takes a
central status in the society just as dully provided in Article 10 and
21 of the Constitution of the Islamic Republic of Iran .
Under this premise , one can easily find that the
most central legal issues in Islam since birth emphasize on protection
of the minor’s rights including administration of his financial affairs
until entry into legal age . To this fact , our Civil Code , inspired by
Imamia jurisprudence unequivocally has clarified protection of minor’s
rights . Clarity of enjoyment by minors of certain protective and
instructive coverage and major duties and responsibilities of guardian
give rise to the rich legal standards of the Islamic viewpoints even
towards minor social issues.
This research is intended to primarily look into
family foundation and the need for its protection . It also seeks to
touch on the protective bodies entrusted with the duties of guardianship
.
Protective measures in the chapter covering
guardianship are categorized in three parts as follows :
1.Before appointment of guardian ,
2.When a guardian is appointed ,
3.After appointment of guardian ,
The question arising here seeks to identity the
difference between minor and incapacitated entities when incapacity is
known . Similarly , qualifications of the guardian and disputed views on
guardianship by mother also elaborated . Then duties and
responsibilities of the guardian are dully and distinctly enumerated .
Later chapter tries to discuss various legal
practices ( restricted , authorized and conditioned ) as to be exercised
by the guardian , concluding with dismissal i.e. termination of
guardianship . The interesting point to the writer , as studied in
details is the difference between optional and compulsory cases of
dismissal .
In the chapter on comparative studies efforts are
made to investigate in a different way all such issues existing in laws
of Egypt under a separate part .
The final chapter tries to make critical analysis of
the governing Vali “ As the highest office “ along with his other
offices , with the delicate difference existing between the viewpoints
in Islam , Iran and Laws of Egypt .
It is hoped that this research as an explanatory
work trying to give a general scheme of the issues on guardianship can
also elaborate , though in brief , a gist of the foregoing duties of the
guardianship institution .