چكيده لاتين
What should be done when a committed person fails to fulfill his duties towards others? The Holy Legislator has thought out measures for such situations and has given the ruler the authority to collect the rights of the entitled people from the person who refrains from fulfilling his legal duty. This rule applies to both Shiites and Sunnis. However, among the Sunnis, it comes with a different wording than the Shia, and it is mostly cited in Hanbali jurisprudence. This rule is used not only in family matters, but in all matters where a person refuses to fulfill the rights of others, and in this sense, it is considered a general rule. Related to the family, in the discussion of the adult daughter's marriage and judicial divorce (sovereign divorce), the Shia and the Sunnis have common features, but in the case of the Shia, in matters related to the family, the scope of the rule is much wider, such as refusal to choose the judges, refusal From the determination of dowry, illegal gathering between two women, refusal to comply with the provisions of peace on Mutah, etc. In other issues, the scope of the rule in the eyes of the Shias is more than that of the Sunnis, but the Sunnis have addressed the issue of laqit (a stray child) and the issue of remittances regarding this rule, which are not addressed in the eyes of the Shias. We decided to write this article to address the position of al-hakam wali al-mutna'a rule in Shia and Sunni jurisprudence. In the meantime, our emphasis is on the subject rights and legislation of Iran, but in some cases, the subject rights of some countries that used this rule in their legislation have also been mentioned. The focus of this article is on the scope of this rule in family matters; However, in cases of necessity, we have only quoted other cases. The method of collecting information in this research is the library method, which has been collected through authentic Shia and Sunni jurisprudence books.
