A Comparative Study of the Adoption of Adoption and its Effects on Jurisprudence and Iranian Law

Abstract

How and under what conditions adoption is accomplished in Iranian law and Islamic jurisprudence, and what are the implications of such discussions to assess the feasibility of supervised marriage with the adopted child as an accepted or rejected work created by a legitimate and legitimate adoption. . Adoption is a legal, ethical, and social institution whereby a special legal relationship is established between a child orphan and a spouse or child without a spouse or children under certain conditions. In some countries where full adoption is adopted, adoptees have all the rights and benefits of inheritance in the line of the real child. In this article, the issue of guardian marriage with his adopted child in jurisprudence and Iranian law has been examined, with a brief look at the subject-matter rights of predominantly Western countries from both the Roman-Germanic and Kamen-La families. Following the enactment of the Law on the Protection of Children and Adolescent Children with Disabilities and Adolescents, adopted in 2013, the issue of marriage with an adopted child became one of the most controversial issues, especially in the media and cyberspace. Since according to the verses, traditions and fatwas of the jurists, the institution of full adoption is not accepted in Islam, in Iranian law there is also an institution of adoption in the sense that the adopted child is in every sense a true child and there is no adoption at all. Iranian law, unlike some countries, cannot create any separation at any level between the adoptee and his or her primary family. The requirements for adoption are generally divided into two categories: the recipient and the accepted person. In this thesis, the terms of each of the two categories mentioned in Iranian law and Islamic jurisprudence are discussed in two separate sections, which we will deal with respectively.