第20章 父亲的监护权
20 The Guardianship of the Father
既然父亲是家庭的首脑,是家庭的领导者和监护人,那么对家庭的监护权必然归于他。因此,他是子女的监护人。他对未成年子女以及未达到责任年龄(Mukallafin)的成年子女拥有监护权,无论男女,无论是就其本人还是其财产而言,即便未成年子女由母亲或其亲属抚养。
Since the father is the head of the family and He is its leader and guardian, then it is inevitable that the guardianship over it should go to Him. Therefore, He is the guardian over the children. He has guardianship over his minor children and mature children who are not responsible (Mukallafin), whether male or female, with respect to themselves and their property, even if the minor children are in the custody of the mother or her relatives.
一个人要么是未成年人,要么是成年人。成年人要么神智清醒,要么精神失常。如果此人已成年且神智清醒,那么对他本人及其财产,都无人拥有监护权,而是由他自己处理自己的事务。然而,父亲的监护权依然存在。如果此人是未成年人,或虽已成年但精神失常,那么监护权不会掌握在他自己手中,因为他无力承担,于是对他的监护权将归于父亲。这种监护权将持续,只要导致其需要监护的情况仍然存在,即仍是未成年或精神失常。当未成年人成年,或成年的子女治愈了疯癫与痴呆,对他/她的监护权便告终止。此后,他/她便成为自己事务的监护人,而父亲基于优先性(Nadb)与劝勉,仍会继续对他们保有监护,因为他的监护权是永久的。
A person is either a minor or mature. The mature person is either sane or mentally deranged. If the person is mature and sane then no one has guardianship over Him in terms of Himself and his property, rather He is the one who will administer his own affairs. However the right of guardianship remains with the father. If the person is a minor, or mature but is insane, then the guardianship will not be in his hands because He is unable to undertake it, so the guardianship over Him will go to the father. This guardianship will continue as long as the description which required it is still present, i.e. to be a minor or insane. When the minor becomes mature or if the mature child is cured of his/her madness and idiocy, then the guardianship over Him/her is terminated. Then he/she becomes a guardian over his/her own affairs, and the father continues to have the guardianship over them out of preference (Nadb) and recommendation, because his right of guardianship is permanent.