Document Type : Research/Original/Regular

Authors

• Maryam ul Sadat Mohaghegh Damad ¹
• Fatemeh Aghdasi ²

¹ Assistant Professor of Imam Sadegh University (AS), Sisters Campus،Tehran. Iran

² The director of the research department of Mohaghegh Law Firm, Tehran, Iran

Abstract

The members of the family have various duties, the performance of each of them complements the other, and each member must perform his duties well in order to maintain the consistency of the family. With the approval of the Family and Youth Protection Law, various support packages have been stated in relation to family formation and childbearing; unfortunately, the legislator has neglected the position of the father in some articles, including articles 10, 17 and 25, which should be considered and revised due to the importance of the father's position in the family. In this article, the authors, benefiting from religious and psychological teachings, have reached the point that upbringing is the duty of parents and in this regard, the role of both of them is important. It is obvious that not paying attention to the role of the father in the family will somehow violate the intention and will disrupt the support of the family and childbearing. The research method in the current fundamental research is descriptive-analytical and library-based. Finally, it is suggested to clarify the amount of leave for working and student fathers also removing the fathers’ gap mentioned in the Family and Youth Protection Law

Highlights

Background and Purpose

 A salient feature of developing societies is the relatively young age composition of their population. In certain societies, the demographic distribution of individuals under the age of fifteen surpasses fifty percent of the overall population, with half of the population consisting of individuals aged zero to fourteen. Conversely, certain industrialized societies have reported an index of approximately twenty percent, indicating that nearly one-fifth of their population falls within the age group of under fifteen years (Sa'i Ersi, 2008).

The law on the support of the family and youth of the population was enacted in accordance with Article 123 of the Constitution of the Islamic Republic of Iran. This law was approved by the joint commission of the Plan of the Youth of Population and Support of the Family of the Islamic Council of Iran on October 16, 2021, and was submitted to the Islamic Council in accordance with Article 85 of the constitution. The council subsequently approved the plan for a trial implementation period of seven years in a public meeting on Tuesday, March 16, 2021, and was further approved by the Guardian Council on August 9, 2021.

 Despite the fact that the mentioned law has given special consideration to the youth of the population and positive discrimination towards the protection of mothers, which, according to the authors, is very good and appropriate, it is clear from a review of many of the law's provisions that the position of the father is frequently neglected. Although the purpose of this law is to safeguard the family, it should be noted that in some instances, a lack of or insufficient attention to the position of the father of the family compromises the family's protection. In some circumstances, ignoring the position of the father will make it difficult for the mother to fulfill her responsibilities and will impede the achievement of the law's primary objective, which is to support the family and the youth of the population. These cases will be further explained and analyzed.

Method

This study used a descriptive-analytical, library-based research methodology. In this manner, analysis and inquiry have been conducted using the relevant books and documents, followed by proposing the existing gap and formulating an appropriate suggestion.

Results

The father's function in developing a child's personality is analogous to a bridge connecting the vast outside world to the child's inner world. This connection significantly impacts the child's future social roles (Ghandi, 2018). In the present study, the law regarding the support of the family and the youth of the population was analyzed concerning the position of fathers. The law above has special and appropriate privileges to increase the number of births and, consequently, the population's youth, but the law's special emphasis on the role of the mother mustn't diminish the role and position of the father. Because, in many instances, ignoring the father's position leads to a violation of the purpose, and because the liberation of mothers in reproductive matters is not only an incentive for them but will also diminish their power, it is imperative that the father's position be considered.

 Discussion & Conclusion

The family is regarded as the primary human institution comprised of individuals who are human beings. Salehi Amiri & Khodayi (2019) posit that the act of entering into a marriage contract establishes both a moral obligation between two individuals, predicated on mutual love and respect, as well as a social contract that assigns specific rights and duties to each party involved (p. 32). In light of statistical evidence indicating a decline in population growth and a shift in the population pyramid toward aging populations, authorities have emphasized the imperative need to revise population policies since the early 2010s (Fuladi, 2018). Regarding the concept of "education," it is noteworthy that the explication of civil law indicates that education constitutes an integral aspect of custody. This responsibility encompasses not only the provision of physical care for the child but also extends to their spiritual well-being (Mohaghegh Damad & Safavi Sohi, 2021). The new law's disregard for the role of fathers in matters of custody and guardianship creates conflict, given the historically significant responsibilities assigned to them by legislators. Several instances were identified as indicative of a deficiency in the father's role through an analysis of the provisions outlined in the Family and Youth Protection Law.

1. introducing a special ID for mothers so that they and their children can use the welfare and education services in the country without considering the father's role as stated in Article 25 of the law.
2. Increasing the amount of leave available to mothers who work in administrative positions and paying special attention to the leave available to mothers who are enrolled in college or a seminary but completely ignoring the possibility of using the father's leave, which has been a subject of ambiguity in prior laws.

As indicated, the absence of a father's role has significant adverse implications, and this article has explored this phenomenon to the fullest extent feasible. Based on an analysis of certain provisions of the new law, the authors propose that the legislator should consider the role and unique position of fathers, in addition to the benefits provided to mothers, and address the current uncertainties surrounding the duration of their leave.

Keywords

• Father's position
• population youth law
• raising children
• custody of children
• leave of fathers

20.1001.1.23452692.1402.11.3.5.5

Main Subjects

• women law