Analyzing the possession of the father in the adult child's property from the perspective of Iranian jurisprudence and law

Articles in Press

Document Type : Original Article

Authors

• Abdosamad Aliabadi ¹
• Hadi Khoshnodi ²
• Shoeib Salehi ³

¹ Associate professor, department of jurisprudence and law, University of Islamic Denomi-nations, Tehran, Iran

² Assistant Professor of Higher Education Complex, Shahid Mahalati

³ Master of Islamic jurisprudence and private law at the International University of Islamic Religions

10.22067/jfiqh.2024.86769.1739

Abstract

The father's possession of the child's property has been one of the main issues sincethe beginning of human history and has always been raised as an important issue in divine religions. Islam has alsopaid special attention to this issue and has expressed many verses and traditions related to it.Of course, most of these rulings refer to the father's possession of the minor children's property due to the father's guardianship over him, and there are ambiguities in the field of the father's possession of the adult child's property without his permission. Therefore, the main question of this research is whether the father has the right to take possession of his child's property without his permission.The jurists differ on the permissibility or nonpermissibility of the father regarding the possession of the father. The famous jurists have considered it permissible under two conditions, firstly, that the father is in need andsecondly, that the son does not give money to the father.cannot take from his property, and the fourth sentence is absolutely permissible. The present study, which is descriptive and analytical,shows that none of these views are correct and the permission to take possession of the father in case of loss is not exclusive to the father, but based on the emergency rule, it is permissible for everyone.The result is that the father's possession of the adult child's property is the same as that of other people, and the relationship between the father and the child does not give the father a special right.

Keywords

• possession
• father
• property
• adult child

Main Subjects

• Civil jurisprudence

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