نوع مقاله : علمی تخصصی
نویسنده
مجتمع آموزش عالی بنت الهدا وابسته به جامعه المصطفی العالمیه قم ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The family, as the most fundamental social institution, plays a crucial role in shaping the character and upbringing of future generations, within which the mother holds a special position. Despite the formulation of certain laws in Afghanistan’s legal system regarding the rights of mothers, sufficient and effective support for them within the family has not been provided. This article, using a descriptive–analytical method and examining national and international documents, as well as Afghanistan’s constitutional, civil, and criminal laws alongside field reports, investigates the status of mothers in the legal and cultural structure of the Afghan family.
The findings reveal that Afghanistan’s legal system—comprising formal laws, Islamic jurisprudence, and local customs—faces serious challenges in implementation due to its complex structure and the dominance of patriarchal traditions. Tribal culture and the lack of adequate legal protections have resulted in violations of mothers’ rights in areas such as custody, alimony, educational decision-making, and psycho-social well-being. Accordingly, this study emphasizes the necessity of revising the family legal system with a focus on the status of mothers. Aligning domestic laws with international instruments, empowering executive institutions, reforming the educational system on women’s rights, and transforming the functioning of customary institutions are among the proposed solutions to improve the legal status of mothers and achieve social justice within the Afghan family.
کلیدواژهها [English]
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