نوع مقاله : مقاله پژوهشی
نویسندگان
1 سطح 4، حوزه علمیه قم، قم، ایران/ دانشیارگروه حقوق خصوصی، پژوهشگاه حوزه و دانشگاه، قم، ایران.
2 استادیارگروه حقوق خصوصی، دانشگاه علامه طباطبایی، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
According to the jurisprudence and the law, according to the birth of the child, homework is placed on the mother; However, in addition to fulfilling the duties arising from the role of a mother, due to the existence of religious duties, a mother is also obliged to perform obligations and taboos in the presence of God, and one of these rituals and obligations is performing the Hajj. In order to preserve the mental and physical health of the child based on jurisprudence, in a situation where the only way to preserve the child is breastfeeding or keeping him/her by the mother, some issues are raised regarding the scope of the mother's Shariah duties in performing Hajj. The present study has analyzed the Shari'a rulings directed at the mother with the descriptive analytical method and in the form of argumentative jurisprudence, assuming that her duties overlap due to her role as a mother and in the guise of a pilgrim. According to the analysis of the jurisprudential views and the arguments cited by the jurists, despite the non-obligation to breastfeed the mother in non-necessary situations and the possibility of using substitutes, in the case of necessity, the obligation of Hajj should be considered as the responsibility of the aborted mother; However, in terms of the status ruling and the validity of Hajj that a nursing mother is in a state where breastfeeding is obligatory for her
کلیدواژهها [English]
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