The Psychological Effect of Family Structure and the Participation of Family Members in Solving the Conflict of Guardianship and Custody

Document Type : Scholarly Article

Authors

1 Assistant Professor, Department of Fiqh and Islamic Law, Imam Sadiq University, Tehran, Iran

2 Associate Professor of Educational Psychology, Al-Mustafa Al-Alamiya Community, Qom, Iran

Abstract

The family is the fundamental pillar of the society and is subject to psychological rules and legal regulations, and with the good implementation of these rules and regulations, it can achieve the excellence of the family members and the consolidation and improvement of its structure. In the event of couple's divorce and the occurrence of the conflict between the duty of mother's custody and the limits of the patriarch's guardianship, by strengthening the extended family structure and paying attention to the participation of different classes of the family, it is possible to benefit from the conditions that have arisen for the benefit of the relationship between generations, and to establish the legal criteria for legislation. Coercive rule was achieved. The current research aims to investigate the psychological impact of the type of family structure and the different states of participation of the members in each of the structures to overcome the legal conflicts that have arisen between the performance of the custodian and the coercive guardian. The results of the investigations show that in the conditions of generation gap and the existence of a significant distance between the family of the first degree and the family of the second and third degrees, the fields of mutual understanding and effective participation have been lost and not only the interaction of the guardian and the forced guardian get into trouble after divorce, but perhaps this emptiness would be one of the causes of divorce. As a result, it is necessary to provide the conditions for the participation of different family classes in different intellectual, cultural, and economic contexts, even when there is no context for changing the family structure, and the threat of alienation of relatives becomes an opportunity for their cooperation and assistance.

Keywords

Main Subjects

References

Holy Quran
Aghajani, Nasrullah (1381). Participation of family members. Journal of Women's Strategic Studies, (16), pp. 11-1.
Aghanar Kani, Mohammad; Kameri, Saman; and Zarei, Ruqiya (2015). Explaining the spiritual well-being and happiness of couples based on the component of forgiveness in the nuclear family. Journal of Social Psychology, 10 (38), pp. 23-36.
Asadi, Leila Sadat (1386). The capacity of Islamic government and the necessity of motherhood. Women's Book Magazine (Quarterly magazine of the Women's Social Cultural Council), 9 (35), pp. 31-63.
Azazi, Shahla (1387). Sociology of the family with emphasis on the role, structure and function of the family in the contemporary era. Tehran: Illuminators and Women's Studies.
Ansari, God's Power (1429 AH). Encyclopaedia of children's rulings and justices. Qom: Jurisprudential Center of Imams Athar (peace be upon them).
Barker, Philip (1382). Basic family therapy (Mohsen Dehghani and Zohra Dehghani, translators). Tehran: Roshd.
Bostan, Hossein (1390). Family sociology with a look at Islamic sources. Qom: Research Center and University.
Behnam, Jamshid (1383). Iranians and modern thought. Tehran: Farzan.
Pourabdullah, Kobri (2018). Feasibility of changing the subject in the compulsory guardianship of children. Women's Strategic Studies Journal, 21 (84), pp. 29-50.
Khoi, Abulqasem (1377). Misbah al-Faqaha (Muhammad Ali Tawhidi, Behkosh). Qom: Arbitration.
Salarifer, Mohammad Reza (2015). Family in the attitude of Islam and psychology. Qom: Research Center and University.
Shabiri Zanjani, Musa (Bita). marriage book Qom: Voting Research Institute.
Shabiri Zanjani, Musa (2017). The mother's guardianship over the child's marriage. Journal of Jurisprudential Research to Ijtihad, 2 (4), pp. 20-5.
The owner of the jewel, Muhammad Hassan bin Baqir (1362). Jawaharlal Kalam in the description of the laws of Islam. Beirut: Arab Heritage Revival.
Safai, Hossein; Emami, Asadullah (1376). Family rights, kinship, lineage and its effects. Tehran: University of Tehran Printing and Publishing Institute.
Ameri, Farida; Nurbala, Ahmad Ali; Ajei, Javad; Rasulzadeh Tabatabai, Kazem (autumn 2012). Investigating the effect of strategic family therapy interventions in marital disputes. Journal of Psychology, (27), pp. 47-59.
Azimzadeh Ardabili, Faezeh; Ofeke, Ala (2015). The institution of guardianship over children and its gaps and challenges in jurisprudence and law. Fiqh and Family Law Quarterly, 21(65), pp. 5-29.
Falah, Hassan; Seyed Alizadeh Ganji, Seyed Javad; and Qanbarpur, Behnam (1400). Proving reasons for mother's guardianship in jurisprudence and law with a look at the hypothesis of priority of mother's love in American law. Two Quarterly Journals of Fundamentals of Jurisprudence in Islamic Law, 14 (27),
Katouzian, Nasser (1375). Introductory course on family civil rights. Tehran: Yalda Publishing Institute.
Gulabi, Fatima; Akhshi, Nazila (Autumn 2014). Social participation and social vitality. Applied Sociology, Year 26, 3 (59), pp. 139-160.
Goldenberg, Irene; and Goldenberg, Herbert (1382). Family Therapy (Hossein Shahi Barvati, Siamak Naqshbandi, and Elham Arjamand, translators). Tehran: Rovan.
Giddens, Anthony (1389). Sociology (Manochehr Sabouri, translator). Tehran: Ney.
Moin, Mohammad (2016). Persian culture. Tehran: Edna.
Mousavi Bojunordi, Mohammad; and Turkman, Efat (2015). Mother's guardianship in jurisprudence and law with an attitude towards the thought of Imam Khomeini (RA). Matin Research Journal, Volume 8 (33), pp. 147-131.
Mousavi, Seyed Naghi; and Nader Ali, Yaser (1401 AD). Rereading the territory of mother's guardianship in Islamic jurisprudence. Bi-Quarter Scientific Journal of Jurisprudence and Family Law, 27 (77), pp. 275-289.
Nefer, Narges (2012). Types of family. School Counselor Education Development Journal, (32), pp. 26-28.
Naqibi, Seyyed Abulqasem; Kardavani, Rahela; and Vakili, Mehdi (2012). Assessment of the mother's custodial role in facing the father's guardianship and guardianship. Journal of Women's Strategic Studies, 15 (60), pp. 145-193.
Nouri, Hossein bin Mohammad Taqi (1408 AH). Mustardak al-Wasail. Beirut: Al-Al-Bayt (peace be upon him) Institute of Lahia al-Tarath.
Nichols, Michael (2015). family therapy; Theories, concepts and methods (Mohsen Dehghani, Anahita Ganjavi, Samia Mohammadi, and Farzaneh Najarian, translators). Tehran: Rushd.
Hoshiari, Jafar; Safurai, Mohammad Mehdi; Jazayeri, Seyed Hamid; and Taghian, Hassan (2019). The internal boundaries of the family from the point of view of psychology and the Holy Quran. Journal of Islamic Research on Women and Family, 8 (20), pp. 32-9.
 
https://t.me/MignaChannel Migna site
Islamic Azad University. West Tehran branch. Amin Counseling Center:
https://moshavereh.wtiau.ac.ir/fa/page/3461
Biannual Journal of Family Law And Jurisprudence
Volume 29, Issue 81
May 2024
Pages 69-94

Files

Share

How to cite

Statistics