1
Master of private law, Department of law,Islamic azad university south tehran branch,tehran, iran
2
Member of the academic staff of Islamic Azad University, South Tehran branch
Abstract
Considering that in jurisprudential and legal books, there are scattered articles about custody and it seems necessary to compile and collect materials related to custody and its jurisprudential foundations, therefore, we intend to express the concept of custody in the five schools of thought and the holders of the right of custody, as well as the evidences, rulings, conditions, obstacles and effects The marriage contract is about the condition of custody as well as the limits of the effect of the will of the husband and wife in order to determine or change the rulings related to custody. The purpose of this research is to analyze custody in the Khamseh religions and it has been written in a descriptive and analytical method and the research findings indicate that consent related to child custody follows the general rules of contracts and according to these rules, the principle is the necessity of contracts. Therefore, since there is no contradiction to this principle regarding the consent related to the custody of the child, as a result, this consent should be considered as a necessary contractual. However, the exception to the necessity of this consent and causes the destruction of the agreement is the death of the custodian and the child. Regarding the validity of consent related to custody, it should be said that only the will of the parents is not involved, but the main criterion in this matter is observing the interest of the child, in general, custody ends when the child reaches maturity and growth, and the condition of maturity is considered as the end of custody and they have not said anything about growth.