چکیده:
A large number of rules are set out on the basis of current interests and disadvantages of the related matters. However, sometimes it seems that some rules need to be preserved. Due to its connection with weak party (the child), the child’s occupation, besides its educational advantages, has an unbreakable relationship with the unavoidable interest of the child. The fundamental interest of the child’s occupation requires that the guardian’s authority be central and bound to it. In order to preserve the interests of the weak party, it seems that child’s occupation should be authorized when an important “interest” like the child’s education, physical power, age, and other circumstances and situations requires it, and the mere “absence of disadvantage” seems not sufficient. In addition, the conditions and dimensions of the occupation should take into consideration the higher interests of the child. The present article reviews the role of expediency in setting out the rules and the effects of child’s occupation.
خلاصه ماشینی:
To achieve this purpose, it first examines the various reasons for the different views of jurists regarding the interest of children, while some articles have also referred to different aspects of interest regarding children; for example, the article "The Domain of Compulsory Guardianship in the Affairs of Minors" examines the domain of compulsory guardianship in financial matters (specifically examining the guardian's disposal of the child's property) and non-financial matters in Imami jurisprudence and Iranian law (Miqdadi, 1382, 169).
In fact, in this narration, the Imam, in response to a specific question, gives a general answer, which indicates that the narration is not limited to the case of Hajj; due to the generality of the phrase at the end of the narration (لأن مال الولد لوالده), the guardian can dispose of the child's property as he wishes, whether for performing Hajj or for the purpose of spending/charity (Khoei, n.
This narration indicates that the guardian is assigned for the preservation of the child's property and the observance of his interest, and disposals are permissible only according to the requirements of interest (Kulayni, 1429 AH, Vol. 5, 130; Ansari Shirazi, 1429 AH, Vol. 2, 52; Kulayni, n.
Given the evidence provided, it can be said that the guardian is obliged to observe the interest of the child in matters related to him, and the occupation of children also falls under the general category of "care for the child himself" and "his property," because the wisdom of granting guardianship in this regard is the care and observation of the child's interest.
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