This research conducts a comparative study of the rulings regarding the guardianship of orphaned children under two systems: Imamiyyah jurisprudence and Iranian law, and Hanafi jurisprudence and Afghan law. The primary issue is identifying the points of commonality and divergence between these two systems concerning the conditions, legal effects, and implementation methods of this institution. The research employs a descriptive-analytical method, utilizing library-based data collection.



The findings indicate that both systems share common ground in general principles, such as the necessity of considering the child's best interests, the non-automatic creation of kinship (mahramiyat) except through legally recognized breastfeeding (rida' shar'i), and the supervisory role of the judicial authority. However, differences exist in the details: the conditions for guardians (such as age requirements and religious affiliation) are more explicit in Afghan law; the prioritization of applicants is more detailed in Iranian law, while in Afghanistan it is more flexible and subject to the judge's discretion; and the legal procedures in Iran, governed by specific legislation, are more unified.tion of kinship (mahramiyat) except through legally recognized breastfeeding (rida' shar'i), and the supervisory role of the judicial authority. However, differences exist in the details: the conditions for guardians (such as age requirements and religious affiliation) are more explicit in Afghan law; the prioritization of applicants is more detailed in Iranian law, while in Afghanistan it is more flexible and subject to the judge's discretion; and the legal procedures in Iran, governed by specific legislation, are more unified.





Ultimately, the common goal of both systems is to provide protection and uphold the dignity of the orphaned child. irbgu urydgw irgg hrbwu