Equal Status of Fathers and Grandfathers as Guardians

Abstract

In light of Islamic Jurisprudence and Iranian legal system, fathers and grandfathers have been recognized as natural guardians and both enjoy an equal status. However, if father and grandfather are simultaneously engaged in this legal act, conflict is likely to occur. to resolve this conflict, Islamic jurists have suggested various theories. Some have given the priority to the grandfather and some assigned the priority to the father. Careful study of the opinions of these two groups indicates that neither of these positions is acceptable, and assigning priority to father or grandfather is determined by some factors. The present articles deals with a number of conditions and factors which should be taken into account in resolving the conflict.