Mansoureh Fasih Ramandi
Abstract
In all legal systems, the Children's Spiritual Rightsis a supportive mechanism that, while consolidating the child's personality, also guarantees some of his or her material rights. ...
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In all legal systems, the Children's Spiritual Rightsis a supportive mechanism that, while consolidating the child's personality, also guarantees some of his or her material rights. There are many rights for children in the Islamic legal system, most of which are conceivable based on the behavior pattern of the infallible Imams. One of them is the Raḍavī’s tradition. How can one infer from Imam Reza's teachings about the spiritual rights of the child, due to the lack of clarity of the child's spiritual rights in the Raḍavī’s tradition? In addition, what is the approach of the Iranian legal system in this regard? The analysis of Raḍavī’s teachings on naming, the emphasis on the child's kinship and nationality clearly illustrates some instances of the child's spiritual rights that are nowadays referred to as "rights to identity". Also, his behavioral approaches to dealing with children can well identify the right to love as another child's spiritual right. On the nature of this right in the Iranian legal system, following the victory of the Islamic Revolution in accordance with the fourth principle of the Constitution, a new basis has been formed for these rights based on Islamic standards. Undoubtedly, children's spiritual rights are a comprehensive structure based on various rights in the educational, emotional, and social dimensions, which only the examples of it are discussed in this article; and the inferred principles of Raḍavī’s doctrine, the Iranian legal system, and some international conventions have been studied in a descriptive-analytical manner to necessitate Iran's accession to them.
