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International Research Journal of Applied and Basic Sciences © 2015 Available online at www.irjabs.com ISSN 2251-838X / Vol, 9 (11): 2069-2080 Science Explorer Publications

Study the effect of family economic security on social harms

Amir Kondori

Department of law , University of zabol , iran

Corresponding Author email: [email protected]

ABSTRACT: In every society, jobs are defined according to social and economic conditions of families. Everyone has the right to choose a job that s/he likes and is not contrary to public interest and the rights of others. The problem of unemployment and employment is one of the complex issues in the new era, which is a factor of committing crimes. Social and economic factors, especially poverty and wealth, are known as sources of emerging crimes, and it is believed that these factors can change human emotions and lead the people to misdemeanor. The share of the social environment in the development of people growth or deterioration cannot be ignored. Experience has shown that social phenomena are multifaceted phenomena, and only by relying on legal aspects and creating legal prohibitions, regardless of the economic and cultural aspects, these anomalies cannot be seriously and pervasively fought back. In this study, we evaluated the economic difficulties of families and their impact on society in terms of legal and psychological aspects. With understanding different aspects of family economy, followed by family economic security, we tried to discuss social and legal pathology to clarify their mutual influence on each other. This was a descriptive - analytical study done by library and field approach. Studies show that by improved level of economic welfare as well as more accurate control over the management of the economy and household wealth, there would be direct and indirect effects on the society associated with impact on decreased or increased social harms. Keywords: Family, Security, Economic security, Social damage or social harm

INTRODUCTION

Family, as the most basic institution of socialization of children and adolescents, has always been

important. Children and adolescents learn their gender roles in interacting with parents and other family members and form their own gender identity. Parents play an important role in the development of children and adolescents character as the most important pillar of the family. The process of socialization and development of personality of children and adolescents occurs correctly when the family structure is based on both father and mother. When the family lacks one of the parents, however, the functions of socialization, nurturing personality, monitoring children and creating a full and appropriate emotional space for children will be impaired. In such a situation, probably, there would be some shortcomings, and children are the first to suffer from these shortcomings.

Family economy is of the most important and most sensitive issues of the family. In fact, according to close and detailed surveys of economists and officials in family courts, family economy is the basis and root of most family disputes It should be known that family economic turmoil, often leading to disintegration of the holy family center, is not due to family income rate and generally caused by family economic capacity. Since some families are found with prosperous and good financial status, and even in the top ranks of society, but still failed and unsuccessful as a result of non-compliance with the principles of life economy. There might be many large houses full of daily life luxuries where people are found to be failed in marital life due to lack of the spirit of responsibility for the family health. There is no need to prove this claim. Thus, by family economy, we and in better words, Islam, mean the quality of life economy not its quantity. As is said, earning money does not necessarily equal to providing the welfare and happiness; however, gaining and accumulating wealth can be used as a means to bring prosperity around. In general, what matters by the founder of Islam in the family economy issue includes the partnership spirit between man and woman and the parents in managing life. They need to plan their family's economic program with a sense of responsibility according to rational, scientific and religious the principles and predict their detailed life costs as much as possible. They should not lose and spend the family funds based on their mere desire and whim by the claim of ownership of money and property.

Intl. Res. J. Appl. Basic. Sci. Vol., 9 (11), 2069-2080, 2015

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Also, out of ignorance, by saying that "Almighty, the Creator will provide us everything"1 - Whoever gives the

teeth, will provide the food- they must avoid to play with their loved ones fate. Although, it is true that the guiding and provider Lord has ensured the provisions of every human and animal based on his kindness rule. There have raised many arguments for and against about the role of economic factors in child crimes in the press and books. But for certain and without doubt, improved economy of a society of families will not necessarily be associated with a reduction in youth and adolescence misdemeanor and crime. But on the contrary, on some cases, the statistics have shown that a prosperous and good life by itself can be a source of many issues related to the youth and children.

Perhaps the reason is that some of old family and social issues, which could have not been resolved in normal conditions and have been covered by the guise of (poverty), would show their stern face by the removal of the mask and present themselves more clearly.

Whatever the outcome, it is clear that those countries with a more comfortable life status are not either safe from the flooding of juvenile delinquency. Studies conducted on the issue in some European countries, including the "Federal Germany", show that the number of juvenile offenders, despite the work opportunities and a favorable economic situation after the Second World War has greatly increased. This recalls us the prevalence of European juvenile and child delinquency in the period before World War II. The critical period for the crime when despite the economic difficulties continued to 1929 in different countries of Europe and America. Statistical analyses in France reflect reduced Gangsterism armed robberies and a plethora of other crimes, such as "simple theft" and the destruction of works of art and public objects (in which opposing to social rules is the main cause of crime). It should be noted that the studies mentioned above were related to young offenders belonging to affluent families. However, to reach firm conclusions, more information about the economic and social backgrounds of all young offenders needs to be available to compare with the backgrounds of non-delinquent and normal children of the same age. Furthermore, the information of interest should be used for a long time so that any possible change in child crime can be clearly recognized and distinguished. Some child crime experts and social scientists believe that the emergence of material well-being in the lives of young people leaves numerous effects that sometimes lead them unconsciously towards rebellion against the existing social system and militancy to the community in which they live in. It must be noted that the period of puberty and adolescence is a critical period with perplexity nowadays more than ever. Since during this age period (between 13 to 18 years), the children begin to mature physically and mentally and understand the things of social life that have not been perceivable for them before. In most countries, after the end of the six-year primary school period, many young people leave the school and come to work in the community. According to many researchers and statisticians on social issues, this is the time that mental health problems in adolescents begin to emerge in facing with the social life. In fact, by being paid independently, the young people suddenly gain the "purchasing power", and sometimes their purchasing power is higher than the purchasing power of their parents. Unfortunately, the financial independence often coincides with a period where the teenagers are at the height of emotional crisis and outbursts of natural instincts. Thus, the weak spirit of the teen may not tolerate the regained sudden independence and autonomy and forces his/her owner to show the irrational reactions. The truth is that as the young people have spent their years of childhood often subjugated by their parents or extreme observation by school authorities, are often unconsciously afraid of such a sudden independence; since their sense of responsibility and intellectual growth do not fit their new material and financial capacity. This creates a difficult situation in the relations between young people and their parents. The reactions of their parents often appear either as leaving their responsibilities or adopting methods to impose their will to the teenagers. In irregularities occurring in such cases, the teens with previous favorable ground for crime will commit crimes for militancy and showing their inner opposition with the community and their parents. In this context, some problems of directing and management of the rebellious youth groups occur in some countries, which indicate well the need for immediate solutions to address the problems. Many young people prefer to spend their leisure time in dancing places, bars, cafeterias, or in places where they can escape any observation or at least with minimum monitoring. However, the weaker youth like to be under influence of people with more strong morale and try to draw their trust and sympathy. This is where the antisocial and rebellious youth gangs come to existence. What mentioned here is however related to the personal financial well-being of young people, and those relating to the welfare of their family. Then, it should be explained that in the advanced countries with good economic situation, sometimes different social life classes provide a fertile ground for children delinquency, and it is the duty of society to reduce the distance between the social life classes and adjust the accumulation of wealth in the community.

1 و رزقکم فی السماء و ال توعدون

in the sky is your provision and that which you are promised


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Overview Family is a dynamic and sustainable entity of the society, and its health is an indicator of the health of

society and its members. The health of the family and its members is guaranteed when the parents – both father and mother – are responsible for fostering and development of the children. The teens lose one or both parents become brittle and fragile against social harms. Popenoe research in the United States has shown that 80% of children of generation after the war lived with their both biological parents, but today, only 50% of children spend their childhood in a complete family that has not torn apart (Popenoe, et.al, American Family ..., p.61). Garfinkel and Mclanahan studies have shown that half of all the children born in the United States live half their childhood in families headed by women (Garfinkel and Mclanahan, 1989, P.52-54). Today, millions of children and adolescents, due to the absence of one parent, especially fathers, are at the risk of leading to a variety of deviations. This affects the children and adolescents and disrupts their social adaptation. In families without fathers, we witness increased roles of mothers and reduced time for control and monitoring on adolescents. Teens who live with single mothers suffer greater financial losses. Research has shown that these adolescents are falling or dropping out of school than adolescents in families with two biological parents (Popenoe, Life without Father, pp.62-63, 192,200). Research on young drug addicts has shown that the largest number of young drug addicts relates to the families with absence of fathers (Ancona, pp 59-60). The role of the family livelihood in economic development of the society

In every society, the jobs are defined according to economic and social conditions of families, and every occupation has its own characteristics according to its particular terms. For example, agricultural practices and ethics and methodology in behavior cannot be as an employee's behaviors and practices. Also, the behaviors of a craftsman, a trader and a seller are naturally different, and other jobs are similar too. In addition, to the job type, the position and post of an individual in the family and at work influences his/her treatment and moral. Thus, the work practices and ethics differ due to any profession and post; but what is certain, work and employment in general, includes common practices regardless of the type of occupation and position that must be considered. However, it is clear that compliance with such issues, in addition to making spiritual and moral effects in the person, can increase social trust and confidence at society level and social security rate. Economically, it also creates trust in the quality of provided goods and services. On the other hand, it increases the consumer desirability, which booms the market and increases the demand. Consequently, on the other hand, the supply is also increased, leading to increased production in the community. The role of fathers in creating the ground of employment

One of the complex issues in the new era is the problem of unemployment and solving the employment issue. Solving the employment problems is the concern of economists and managers at national and regional levels. Meeting the livelihood needs is a necessary and unavoidable matter, and for the general public, it is the base of survival and gaining human dignity. Then, it is obligatory upon the Islamic system administrators to put their policies in order to provide useful and proper jobs for various sectors of the society. However, in this context, the role of parents should not be ignored. The great leader of Islam has made the fathers responsible to support and assist their young children in selecting job. He has recommended them to put their children at good work and considered this sacred duty as the rights of children. Prophet Muhammad (PBUH) said to Ali (AS)

2:

"Among a child's right upon his/her father is to select a good name for him/her; train and educate him/her well and put him/her on a decent job."

Imam Musa ibn Ja'far (AS) said3: A man went to the Prophet (PBUH) and asked him: What are my

children rights upon me? In response, the Prophet (PBUH) said: "Select proper name names for them; raise them well, and finally put them at good work."

Therefore, the effort for children employment is recommended by the infallibles (AS), and one of the rights of children upon their fathers. Thus, no efforts in this direction should be neglected. Women's employment

Among the issues raised in our society is the women's employment and occupation. However, to study the subject in various aspects, a comprehensive survey is needed, which is not possible in this section. In this section, only the general view of Islam in the case of women's work and effort is described and the issues that must be considered in their work appropriate to their physical and psychological characteristics are briefly

2 (121:89ق، ج 9041)حر عاملی، « یا علی حق الولد علی والده ان یحسن اسمه و ادبه و یضعه موضعا صالحا.»قال رسول اهلل )ص(:

3علیه و آله فقال یا رسول اهلل : ما حق ابنی هذا قال: تحسن اسمه و ادبه و جاء رجل الی النبی صلی اهلل»عن ابی الحسن موسی )ع( قال:

(؛02: 3، ج9131)کلینی، « وضعه موضعا حسنا.


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considered. Women make up half of the society population, and their efforts to create relative prosperity for the family, and sometimes managing the family and development of the society are influential. A hadith from Prophet (PBUH) describes working and effort as an obligatory religious duty for every Muslim man and woman

4. Prophet Muhammad (PBUH) said: Legitimate work and obtaining halal provision is obligatory upon

every Muslim man and woman. However, two points need to be observed in women employment and working. First, this work should not be inconsistent with the management of their homes. The main task of women is to raise good children, and whatever comes next should not interfere with this natural and legitimate duty. The life of the Imams (AS) confirms the issue. The Prophet (pbuh) stated on the night of the wedding of Ali (AS) and Fatima Zahra (AS): "Ali, my dear; you are responsible for the works outside the home, and the work of the house is on Fatima.

5" Fatima (AS) said: "When my father said this, I become very pleased that this only God

knows that.6"

The second point to be considered in the employment of women is the appropriateness of the work with their physical and mental strength. Differences in the nature and development of men and women with regard to their missions are associated with differences in their physical strength as well. In a longitudinal study, Tyler found that the girls are interested in fine, non-muscular and patient works, and on the contrary, the boys like the works requiring physical forces (BehPajoh, 1995: 20). Then, women's ability should be considered in their employment.

In the 32th Letter, Ali (AS) has mentioned the proportion of their work and ability and forbidden the

transfer of work outside their capability. "Do not ask the woman to do a work beyond her ability and strength; as woman is a spring flower, not a

hard working and rough athlete (Seyyed Razi, 2007: 382)7."

Social pathology based on domestic factors

We should not treat violently with criminals, but we need to teach them how to refrain from committing a crime. Since, a crime is a result of ignorance and folly, and an endless number of people failed to gain knowledge and learn due to bad luck commit crimes.

Describing the causes and factors of committing crime, the Greek philosopher Plato mentions social and economic factors, especially poverty and wealth, as the emergence source of crimes and believes that these factors will change human emotions and bring them to misdemeanor and crime. Aristotle also believed that the physical and mental conditions of people are effective in committing the crimes. Concluded by the studies conducted, one can say criminal actions and harm generating behaviors have several different factors. In fact, these behaviors cannot be studied as single-cause phenomena. As Sanei, meanwhile describing the causes of criminal behavior as a rule number 1, writes about this kind of behaviors: Here, a combination of factors justifying the crime are involved in the criminal behavior, and as these factors vary in terms of quality and quantity, then, requiring and doing criminal behavior is relative. According to Keynia interpretation, the multi-cause feature of the criminal behavior implies that in the analysis of a behavior, separating some of the causes or factors as a separated fact, without considering its relationship with other factors is an irrational and out logic approach. Research and studies conducted on social damages show that different social and psychological factors are involved in crime and delinquency. In the first place, the crime generating causes can be divided into two general and large groups, including: (1) Internal or psychological factors; (2) External or social factors.

Since the family is recognized as one of the social factors influencing the harm behaviors, thus, many studies have been done in this regard. According to Keynia, Gluck research on 500 normal teens show that the number of criminals has been apparently more in parents and juvenile offenders than normal people. Shaw and McCay concluded that 42.5% of juvenile offenders and 36.1% of the perpetrator recruits come from torn families. Wokerson Center research attributed 45% of offenders to torn apart families.

Serti Wateb weak has also found poor relationships between juvenile offenders with their fathers compared to normal people in his studies. Bowlby research also shows that continuous separation creates some sort of freedom, and the parents who do not respect social restrictions and norms or disvalue them, and finally, the parents behave unkindly to their children frequently, would raise children that become the enemy of community in their adulthood and their way of life would based on revenge and retaliation. Conflict in the family, either between parents or between parents and children, is considered as the causing offense factors. Each parent, to get a way to the child's heart and to become the first to be loved by the child will add to the existing

4 قال طلب الحالل فریضه علی کل مسلم و مسلمه.

5 رسول اهلل )ص( فقضی علی فاطمه ب خدمه مادون الباب و قضا علی )ع( ب ما خلفه...تقضا علی و فاطمه )ع( الی

6 فقالت فاطمه )ع( فلا یعلم ما داخلنی من السرور اال اهلل بکفائی رسول اهلل )ص( ر قاب الرجال .

7 ا ما جاوز نفسها، فأن المرأه ریحانه، و لیست ب قهرمانهو ال تملک المراه من امر ه


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conflicts; in such conditions, the children raise will face a failure. Although the large number of children per se does not affect the appearance of social ills, but as financial, emotional and time resources should be divided among a large group of children in the family, and as with greater denominator of the fraction, the share of children will be less, it can cause failure of parents to raise and foster the children properly. The threshold of sensitivity to the general factors of crime increases in families with multiple children, the children of these families are more prone to commit crime. Social pathology and crime

Social pathology in sociology is defined as study of social irregularities and ills. Thus, the realm of social pathology involves the study of unusual actions and behaviors and their causes and factors. Durkheim, the famous French sociologist defines crime as: Crime means any act that is punishable. As Mannheim believes, crime, before anything, is a concept of illegalization of a behavior. This means that a human behavior that can be punished under criminal law. Crime, as a social phenomenon, has been the focus of attention of scholars throughout human history and studied from different views. The idea that criminals are potential felons has advocates not only in old times, but also in current era. Even the relationships between different parts of the face and various behavioral traits have been mentioned. It was said that the face of X is with largely similar to the bears, and there are similarities between the offenders and the heads different animals. On the other hand, the influence of social environment on the development of crime and criminal acts not only is confirmed by Durkheim, but also Lakasani discusses the matter. The communities have offenders that those societies deserve... social environment is the food for growing crime. Microbe (crime) is an element that does not matter until the day that the growth food (social environment) prepares that germ like a paste. Lacasani and MaNovrie believe that the offender is a poor victim of the social system, and the social organization defect has made him a criminal. Lacasani believes the offender is not responsible for his actions, and it is the society and its shortcomings and failures in which the offender appears and emerges. He highlights the role of community in committing the crime so much that is seems the offender does not have any fault. He says the whole world except the criminal is responsible.

In short, the study of crime as a social phenomenon and criminal behaviors regardless of socio-cultural circumstances in which an offense occurred within cannot be considered a major study, since there is a close relationship between crime and the society. In fact, we cannot argue about the crime in its general sense, not a particular crime, with ignoring the social environment in which the crime has occurred. Also, when discussing on crime, we cannot forget the share of the social environment in the development and growth or decline of crime in a more or less vast but always effective territory. The relationship of adolescents' psychological health with child rearing styles and socio-economic status of parents

In evaluating the family impacts on the teenager's behaviors, a conceptual confusion is encountered. Different terms have been used by researchers in investigating the effect of family rearing, such as parenting styles, parenting rearing, parenting perception, parenting beliefs, parental attitude, parenting patterns, parental behavior, parental interest, parental control, parental involvement, as well as terms such as family structure, family action, family interactions, family environment, family arrangements, parent-child relationships, closeness and parent-child intimacy. These terms have been used alternatively and sometimes as distinct concepts. To end the confusion, in general, one can say there are two approaches in the context of parent-child interaction and children adaptation. The type-survey approach examines parenting styles or a variety of ways of child rearing (typically, Bam Rainer, 1973). Another approach is a social interaction approach that focuses on the nature of parent-child interactions. Perhaps the most influential model in type-survey approach is a model suggested by Bam Rainer (1973). Bam Rainer (1991) has mostly focused on the evolution of childhood and adolescence, and assessed individual differences in parenting styles and the effects of these parenting styles on the development efficiencies. Through observation, questionnaire and interviews and by using statistical methods of categorizing and factor extraction, Bam Rainer (1971) introduced three known parenting styles: Authoritarian, rational authoritative and permissive.

Parents with rational authoritative style impose a constant control on their children and encourage the children's independence. They are consistent in emphasizing the rules, importance of obedience and submission of children. They expect grown behaviors from the children, and at the same time, recognize the rights of children. They guide their children openly and clearly, and their rearing discipline is associated with warmth, logic, flexibility and verbal dialogue. In addition, these parents have a high level of warmth and accountability.

Authoritarian parents mostly give orders in dealing with their children, and believe that the children should obey their commands without question. These parents have less intimacy with their children, and prevent the children from open dialogues and use punishment to control their behavior (Bora, 1991).


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Permissive parents apply very little restrictions on their children. They are weak in emphasis on rules and standards of behavior. They rarely expect their children to participate in everyday family tasks and rarely lead their behaviors. However, they have high levels of warmth and accountability, and allow their children to regulate their activities, and rarely use punishment (Bora, 1991, Brent 1997, Glasgow et al. 1997). Although these qualities are consistent with the one-direction approach of socialization, but there is a fundamental difference within them. In permissive parenting styles, the controlling dimension is initially a one-sided quality. In the authoritarian parenting style, the direction is from the parent to the child, while in permissive parenting style, it is from the child to the parents. These two main parenting styles have a fundamental difference with the rational authoritative parenting style. This means in the rational authoritative parenting style, there is a two-way interaction between parents and children. By Bam Rainer research expansion, his classification of parenting styles became more various and included parenting styles of democratic permissive, imperative, with enough love and kindness, non- imperative, non-committed and non-engaged. The general pattern of Bam Rainer findings correspond with his early work.

The adolescents in families with rational authoritative and democratic parenting style are self-dependent, calm and optimistic and their personal identity is nod damaged. In contrast, the drug users were among young people that their families have been non- imperative, non-committed (compared to other peers). The adolescents in non-committed families show more antisocial behavior of their; control their behavior less and rarely accept their social responsibility. Several studies have shown that these adolescents internalize the behaviors and experience numerous behavioral problems and do not accept their parents as a model (Bam Rainer, 1991).

The adolescent psychological health is a wide area that can range from one side to psychological health and sense of self-worth and the other side can end to disorders such as depression, suicidal thoughts, eating disorders, etc. The research literature in this area is organized in such a way that it is difficult to extract the meaning of psychological health through it. Most studies in this field have preferred the central core issue or problem. This is partly due to the need of society for treatment and to prevent the emergence of these disorders. The impact of father absence on family and social damages of adolescents

Family is of one of the main institutions of society and in interaction with it. Failure in the family and changes in its structure can have consequences for the social system. In families where both parents are present, the emotional relationships between parents and children are intense, and if children do not have mental or physical problems, one can hope that deviation trends do not find a chance to emerge. The loss of family cohesion and breaking the emotional relations, lack of attention to children, releasing them during adolescence, and giving them too much freedom can cause a rise in crime rates. The results of 50 major studies on the effects of family structure on the development of children in the society suggest that the absence of father plays a key role in children delinquency and crime. These studies have shown that children of families without a father are more prone to committing crime (Popenoe, Life ..., p.62).

Teens without fathers face more difficulties in finding identity; they have less self-confidence and weaker self- concept. Families without fathers encounter trouble in providing the context and possibility of autonomy required by the teens. Ancona in a study in 1998 reached to the results: "The absence of fathers can affect how men's attitudes towards women and affect their sexual relations. For men, father absence could result in loss of respect for women and sexual relationships. This can result in an increase in the likelihood that the boys without father will face early sexual activity"(Ancona. Pp. 59-60).

The importance of family foundation and structure takes precedence over other factors in evaluation the factors causing crime and tendency to deviations. Studies have shown that the adolescents who are deprived of father or mother are more exposed to commit crime or leading to deviations than other adolescents. These teenagers would not be good future makers and will be the victims of society ills and problems as well. Therefore, it is necessary to study the consequence of lacking (deceased) father on children to identify the potential social damages that threaten such families. Poor economy

Among the consequences of father absence is reduced family income and economic poverty. This factor affects on meeting the needs of family members. Failure to meet the needs of adolescents can make them vulnerable to a variety of social ills and deviations such as theft, drug use and smoking, suicide, drug dealing, leaving home and early relationship with the opposite sex (Garfinkel, et. Al, p.231-240, p.175-190, colman, p.94,95-120, Li and Bennett, p.21-30. Cooksey and Fondel, p.693-707). Simple absence of father

Simple absence of the father in the family causes the children and adolescents to make a model of their friends and peers rather than their father. According to the researchers, sexual identity of adolescents only


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takes place in the presence of the father and modeling of him. The love-based relationship of the father to the mother makes the young people to learn respect for the opposite sex from their father (Hanson, Mclanahan and Thomson, p.141-154. Emery, p.310-330: Beaty, p873-880: Newcomer and Udry, p.235-240). Increased social harm

Social harms of adolescents without father are on the rise compared to the teenagers with normal families (Brent, et.al, p.209-215: Bolvin, et.al, p.67-73: Hoffman, p.215-232: Emery, p.319-330: Beaty, p.873-880: Mclanahan and Booth, p.577-580). Increased fatherless phenomenon

The study results suggest that firstly, the families without fathers are increasing in the western world, especially in America; secondly, the rate of social ills involving these families is much higher in comparison to families with a fixed structure (Popenoe, American ..., p.78: Popenoe, Life ..., p.55: Garfinkel and mclanahan, p.557-580). Domestic studies

Domestic studies insist on the effect of family on social harms imposed on teens and their deviations and delinquency. These studies suggest that: Family plays a role as an effective factor on crime rates of children and their involvement with social ills. In domestic studies, the researchers studied population includes children and juvenile offenders in correcting and training centers in most cases. The point seen in both groups of studied, both domestic and foreign – is few studies conducted on families that their structure has changed as a result of the death of the father. These studies have mentioned the emotional role of mother and the protecting- supporting role of the father and believe that in case of divorce or separation of parents, strong social - emotional effects would affect the children. Economic poverty in collapsed families is one of the most effective factors in juvenile delinquency. With the absence of father, monitoring on children will drop, and with abandoning the children, especially young children, the crime statistics would increase.

n this study, the structural functionalism perspective has been used. According to structural functionalists, family is one of the sub-systems of the social system. When the roles in the family face disruption or shortcomings, probably turmoil would occur in the family. If the shortcomings and defects are not modified or amended, a variety of chaos will occur in the family. In case of expansion, these disorders will plague the society. With the advent of the industrial age, on one hand, the family functions are reducing, and on the other hand, the division of roles is no longer based on gender. Father is not simply the breadwinner, but his presence and participation has a particular impact on children socialization, training the gender roles and their identity earning. Following the absence of father, the family income is totally cut off or reduced. The children without father are at high risk of many threatening situations. Lack of parental support function is harmful not only for children but for society as a whole. Victims of various abuses often become abusers themselves. In this view, the Parsons ideas have been used. According to Parsons, the family has lost all lost its social functions in advanced industrial societies, while the socialization of children, maintaining balance and strengthening the adults' character can be possible only with the help of the family. According to Parsons, achieving the maximum functions of a nuclear family requires two conditions: "First, the existence of two opposing poles of leader and subordinates; and the second, the presence of differences between instrumental roles and expressive roles" (Aazazi, p. 71). In his opinion, only by dividing the roles based on gender, instrumental roles and expressive roles, the survival and solidarity of the family would be possible. The absence of father in the family changes the family structure and impairs its functions. By accepting the roles of father by the mother, on the one hand, we see the shortcomings in supporting the roles by the mother, and on the other hand, we see the pressure of roles on the mother. This, in turn, affects the role of mother. The frequency of this situation will result in ravages in the society as well. Using this approach, we have put forward the hypotheses, according to which, the death of the father and the transition of father roles to the mother or failure to play the father's roles will cause a reduction in family's functions and the family members will be damaged as a result. These harms will target the teens before anyone. Protection of children against economic and sexual exploitation

The gradual elimination of evil and inhuman phenomenon of child labor and preventing sexual and economic exploitation of children requires the development of short-term, medium-term and long-term cultural, economic, social strategies at both international and national levels. Without developing such a program, any attempt to remove the inhuman effects of this evil phenomenon of the world will be useless and unproductive. Since the experience has shown that social phenomena are multidimensional phenomena, and only by relying


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on legal aspects and creating legal bans, regardless of their economic and cultural aspects, these aberrations cannot be seriously and pervasively fought back.

The issues related to child labor ban include the largest instances of exploitation and abuse of children. The extent of the use of children in the today's world (both quantitatively and qualitatively) has turned the preventing of exploitation of children to one of the most important aspects of protecting and supporting the children's rights. From economic exploitation to the most notorious and most painful aspects of sexual and social exploitation are all included in this topic. This has led to emergence of a special sensitivity in recent years about the problem among the major politicians and policymakers at international and domestic levels. The appearance of such sensitivity and precision can be clearly seen in ratification of conventions, concords and even some domestic laws. Ratification of the United Nations Convention on the Rights of the Child, adopted in 1989, Convention on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor Act of 1999 of the ILO, as well as the IPEC program (International Programme for the eradication and elimination of child labor) at the ILO, ratification of the current work law in Iran, in particular Articles 171 to 186 of the said Act, all confirm the issue. Child labor

After the Islamic Revolution in Iran, explaining the concept of "child" involved with great ambiguity and confusion, so that now, instead of a single definition of "child", we have various definitions that dealing with different aspects of this issue is not possible at the time. According to Article 79 of the Labor Law (Approved in 1991 by the Expediency Discernment Council of the System), the use of children under 15 years old is prohibited. In this law, the child refers to persons less than 15 years. The differences in the definition of child in the labor law with the civil law (both criminal and civil aspects) are as follows:

According to the Article 1210 of the Civil Code, the gender has been the legislator's basis on defining the child; however, the labor law provides a single definition of the child and no distinction has been made between male and female children.

The basis for determination of the age of maturity in civil law has been the lunar year. Apparently, according to Article 17 in the Constitution to determine the solar year as the official year in Iran, the solar year has been made the basis in the labor law.

According to Article 1210 of the Civil Code, the boys at the age of 14.7 years (solar year) and the girls at the age of 8.9 years (solar year) are considered mature. However, according to the labor law, all children are spewing from childhood at the age of 15 (solar year).

According to Article 79 of the Labor Law, those more than 15 years and under 18 years are considered as young workers. This means the legislature has considered the group neither minor to avoid their employment nor adults to give them absolute permission of work. Then, the legislature has actually believed in an incomplete physical and mental growth about these people, and therefore, the work permit has been subjected to compliance with certain conditions in these cases, such as a ban on referral work at night, prohibition of overtime, etc. In civil law, we need to make a separation between these two civil and criminal issues. In the civil context, the same procedure has been accepted. The situation of the lunatic, who can make non-financial contracts and his financial contracts are legitimated by complying with certain criteria such as supervision and verification by the legal guardian, is similar to the young workers in the labor law; since the legislature has accepted a partial growth between puberty age and growth age by acceptance the concept of lunatic. However, such an issue has not been accepted in any way in criminal matters. This means the children are considered adolescent as soon as puberty and meet full criminal responsibility. In other words, the legislator has not accepted in the criminal issues a category known as reduced responsibility between puberty and growth ages and has not these two ages the same. Therefore, in criminal matters, we are faced with the full dogmatism. Accordingly, the individuals are either responsible or not. As a result, a phenomenon known as partial responsibility is not accepted. In the international documents, the trend in Article 79 of the Labor Law has been approved. Thus, it can be claimed that the mentioned Article is in fact an exact translation of the Protocol of the "minimum age" in 1973 of the international organization. Child Labor

Today, not only the child labor is not prohibited indeed, but also is encouraged. In fact, the work with a negative effect on children and having an exploitation aspect should be distinguished from the work with a positive effect on his/her growth. What is now banned in international documents and conventions is a type of work that somehow disrupts physical, psychological, social and cultural growth of the child. In 1987, UNICEF specified in which cases the child labor appears to have an exploitation aspect: Full-time job at a very young age The long hours of work A work that needs to put unsuitable physical, psychological or social pressure on the child. Working and living on the streets in adverse conditions


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Meager wages Too much responsibility Work that prevent them from attending school Works that destroy the children self-esteem and dignity Works harmful to full social and psychological development (Anonymous, children suffering from work, 2000, p. 7).

Exploitation and exhausting work threatens the child physical growth and health and puts the child at the risk of a variety of diseases. On the other hand, such works are as effective factors in the development of severe mental disorders in children, and cause serious damages to the mental health of children. In fact, labor children never experience the childhood and grow up early. Although the above definition almost involves all instances of exploitation of children, but some of the cases described in this definition have been distinguished later in the convention of "Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor" of the International Labor Organization as the worst forms of child labor. Since most experts and specialists had come to believe that different types of child exploitation instance should be distinguish from each other, and some of these instances that often leave terrible and effects on the spirit, mind and body of the child, need to be further investigated and followed-up, and the children employed in such activities should be more supported. Abuse of children in criminal activities

Some of the works that the children are forced to do, due to their inhumane nature and inflicted irreparable physical and psychological damages to the child, have been criminalized by the legislator in particular; consequently, the persons who have employed the children in such jobs and get income from them are found guilty. Such works are briefly discussed here: Forcing children to panhandle

According to Article 713 of the Islamic Penal Code, anyone who employs a minor or a non-adolescent to panhandle... will be sentenced by imprisonment from three months to two years and restitution of all property acquired in this way. In this Article, the legislator has predicted heavier punishment for people who abuse children to collect people's donations, compared to as situation that himself directly panhandles (See Article 712 of the Islamic Penal Code). This confirms the legislator's awareness of the adverse effects that this action will bring into the child's psyche. But in the meantime, we must consider two points:

It is necessary to intensify the punishment of people who through forming organized gangs take measures to purchase or rent of children in order to abuse them in beggary and anesthetize the children even by feeding of hypnotic drugs to them and leaving them along bridges and public places to attract the sympathy of people for earning huge income.

Along with determining the penalty, the legislature should have a perspective to the current deteriorating economic and social situation of the country and considers non-criminal strategies to draw help for these children and their families. Otherwise, merely applying punishment, especially about those who panhandle to gain the most basic living expenses with their children not only will not work, but by punishing such persons, we have indeed imprisoned the poverty. Use of children in illicit audiovisual activities

According to Article 13 of the law of punishment for persons involved in illegal audiovisual activities (approved in 1994), the use of minors for storage, display, distribution, sales and duplication unauthorized tapes mentioned in the Act, will lead to applying maximum penalty provided for the offender. In other words, by passing this Article, the legislature has imposed his serious support of children against the producers of pornographic and vulgar works. Getting children to do heinous sexual acts Sexual crimes against children

These crimes are often predicted by the legislator in the form of adultery and sodomy punishments. The legislator states in Article 112 of Islamic Penal Code: Whenever an adult and wise man does sodomy with a minor, the doer is killed and the passive sodomite is chastised by whipping up to 74 lashes if he has not been reluctant. Other sexual crimes against children, such as establishment of corruption house and issues apart from sexual intercourse are included in public areas of 637 and 639 Articles of the Islamic Penal Code. Coercing children to forced marriage

According to Article 1041 of the Civil Code, marriage before puberty with the permission of the legal guardian deemed to comply with the ward interest is accepted. However, in other cases, it is a criminal offense, and the committed one is sentenced to imprisonment for six months to two years according to Article 646 of the


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Islamic Penal Code. We should note that in many cases, the marriage is a cover to sell the child for the buyer's sexual pleasure that the sellers are often the child's parents. Sale of children

Buying and selling of children for economic and sexual purposes is fairly common in undeveloped countries, and in most cases, the legislatures of these countries have at least reacted against it on paper and criminalized this phenomenon. According to Article 3 of the Law for the Protection of Children and Adolescents, approved in 2002, any purchase, sale, exploitation and the use of children to commit criminal acts such as trafficking is a criminal offense, and the offender will be sentenced in case in addition to compensation to imprisonment of 6 months to a year or to payment a fine of 10 million Rials to 20 million Rials. In this context, a few points should be considered:

The legislative has not criminalized the assignment of children to use the child labor in legal professions such as carpet weaving, working in workshops, etc in this Article; since before the adoption of this law, the exploitation of children in legal jobs and activities had been criminalized. According to article 176 of the Labor Law, those violate the provisions of Article 79 of the mentioned law (prohibition of employment of children younger than 15 years), will be sentenced to fines for the first time and to imprisonment for the second time from 91 days to 180 days. According to the provisions of the Iran accession law to the Convention on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor Act, the offenders violating paragraph "D" of Article 3 of the Convention (which includes some of the cases of abuse of children in legal professions) will be sentenced to the penalty prescribed in Article 172 of the Labor Law (91 days to 1 year of imprisonment or a fine equivalent to 50 to 200 times the minimum daily wage) and the temporary abolition of work permit; however, it should be noted that these items only encompass the punishment of exploitation and abuse of children in legal professions, and buying and selling children in order to abuse them in legal professions have not been criminalized in these laws.

The penalty prescribed in this Article is not commensurate with the crime in question at all. Indeed, should the sale of a child for the purpose of any illegal abuse of him have a small punishment, and even the judge may impose a fine on the offender's right instead holding him in the prison? In a situation that according to Article 662 of the Islamic Penal Code, buying and selling stolen properties will impose punishment of 6 months to 3 years imprisonment and up to 74 lashes for the offender, it seems that from the perspective of the Iranian lawmaker, buying and selling children are far less important than the case of stolen properties?

At the end, it would be worth noting that the protection law of children and adolescents has been adopted according to Iran's international obligations in the Convention on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor. It is decreed in Article 7 of the Convention that each member needs to take all necessary measures to ensure the implementation and effective application of regulations that gives effect to the Convention, including predicting criminal penalties and other sanctions where appropriate. The relationship of family laws and the precedent with family harms

Social, economic and industrial developments inevitably create changes in the view of people to life, cultural beliefs, and customs. These factors along with cultural awakening and scientific growth of persons would certainly make changes in their civil relations in the society and make it necessary to do changes in the laws and regulations and legal relations. The family laws and relations between spouses are one of the most important areas that are affected by these changes, which are faced nowadays with tough challenges due to the evolution of the social status of women and men on one hand, and the legislative adherence to traditional family rights on the other hand. The effects of passing through the impassable law path that the couple will experience in case of emerging disputes affect them and the society as well. Sociological study of the family rights and law institutions opens our horizons more to the social ills and could be a prelude to reduce the effects of these harms. Judicial procedures in family courts

The precedent is of the indirect sources of law and has a very important function in the administration of justice in a society that can make the rules closer to the justice, and even sometimes lead to the perversity and diversion of existing laws from the path of justice. It is true that the law is codified and formulated by the competent legislation authorities and the judge has no right to legislate, but the interpretation and deduction of judges at the position of law enforcement gives life to the body of laws and makes the live rights. It is sometimes seen in the area of family law that the precedent acts much stricter than the law; in some cases that the wife hardship can be met, to avoid an increase in divorce rate, the divorce case is refused and the uncertainty caused by continual of the situation will deepen the damages to the woman. Also, the precedent hardly accepts the cases of realization of wife agency and her authority to choose the kind of divorce together. In addition, the courts sometimes act in such a way that leads to prolongation of procedure and uncertainty and


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confusion of the wife and children. In such cases, the claims and related records such as alimony, dowry and additional payment and even the family disputes of relatives are also added, resulting in the expansion of private justice. Differences in the interpretation of the rules of family law, recognition and obtaining the evidence of hardship, recognition of remarriage permission cases, custody of children, divorce cases, etc. are as examples that increase the attempt of litigants to find asylums or legal pretexts. The precedent can interpret and apply the existing laws in a way closer to social justice and reduce the social and family ills to a great extent. Thus, the family courts judges need to make all their decisions based on reducing the damages caused by family disputes.

RESULTS

The result of this study indicates that making and accurate implementing of laws to solve the society problems is among the most important tasks of a system. Without it, and particularly, inappropriate and incorrect implementation of laws makes the society mentally ill. Moreover, the people have to pay a lot of costs for a human, faithful, committed, pioneer and creative society, which is mentally healthy. The society of mentally ill people with distracted, grief stricken and helpless thoughts is a helpless and ill community. All items mentioned in this paper are somehow pathogens. With our own hands, we make the people sick, drug addicts and criminals. Healthy people do not become addicted and criminals; but, someone becomes sick, all the conditions mentioned will invade him. Then, to have a healthy society and away from suffering and slow death, we need to enact legislations that do not disturb people's lives and provide their rights in social life as much as possible.

No civil society can reach to its ideals, dreams and desires without providing the people's rights and without healthy laws that establish and implement justice in the society. We must realize that the good and right law will lead to the health, development and growth of our community with a result brighter than the sun.

In continue, it was tried to discuss a part of the working customs and the use of labor from the perspective of religious doctrine. Respecting the customs can be effective in two aspects. First, observing the work customs and ethics leads to work consistency and the continuity of its trend. Second, these rules can provide the context of labor productivity and increase the motivation of the workforce to create a suitable bed. However, working and trying hard has been recommended by Islam and the actions of infallible Imams (AS) also indicate the same model. The secret of development in the developed countries is the same and hard work spirit, although this does not mean indulging. For example, economically, the labor mobility in the labor market is a factor to create a balance in the labor market. Thus, the unemployed people can try to earn a living by traveling, since unemployment does not only affect the economic issues and families livelihoods; it will affect the individuals' personality and the society structure. With higher rate of unemployment in a society, corruption would be more in that community.

The formation of a global commitment to the abolition of child labor requires providing logical and practical approaches to eliminate poverty and hunger as the most important factors of children employment in underdeveloped countries. Indeed, how is it possible to fight back with such a big problem only with the approval of several international documents and developing few temporal and fleeting programs? Would not be naive to expect efforts for eliminating existing economic barriers by the countries that organize international trade in their interest by turning backward nations to the single-product countries and keeping the raw material prices down in the global markets? In the words of Eduardo Galeano, the international system works better than anything else; since in this system, the lands are at the service of production and humans are in the service of objects. That is true. Hunger is the other side of world trade coin. About one billion people in the world live in extreme poverty. Every two seconds, a child dies. Thus, each day more than 40 thousand children are dying. Accordingly, it is not surprising to find out in any of these international documents, there is no slightest mention of the responsibility of developed countries to resolve this global problem, and if there is any document referring to this issue, it is merely symbolic. Focusing on this huge gap in most of the above-mentioned documents could answer many of the questions about the ineffectiveness of international law in order to remove the abolition of child labor in the world.

If it is criticized that family law is a branch of private law and the government is not fully authorized in the area, it must be said that it has been repeatedly and previously experienced that the government intervention in private relations of people in some cases has led to emergence of new fields of law and a new legal order. In this way, the relations of the subject in these fields were initially considered purely private, occurring in the private law area; however, social, economic and industrial changes increased the in need for government intervention in the private affairs of individuals, and the government decisively intervened in these areas by enacting regulations "contrary to the principle". Limiting the sovereign will of the people make the law responsible to determine the decisions on the legal relations of the people. Among these, the following examples can be cited:


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Regarding rent and lease, the government breached the general rules of civil law on places of business. Enacting the laws opposite to the principle in a peremptory state, the landlord and tenant relationships in the area of private law was put as a subject of a new order in law No. 56.

In the field of commercial law, by violating the public of civil law on the business relationships and transactions, the government has created a new legal order and a new field.

In the field of labor law, which was already considered as exact private relations and under the sovereign will of the parties and the subject of Articles 512-515 of the Civil Code, industrial developments and the development of labor relations requires that the government intervene in this area to determine the fate of labor relations related to the law, not by the sovereign will of the parties; since, these four Articles did not meet the requirements of the present society in the field of labor law. Thus, the labor law, is a law "contrary to the principle" and the generals of the civil law. Therefore, a lot of lawyers consider it as fields of public law in order to increase the government intervention in the field. However, its primary origin was of private law, and the nature of its subject relations is also private relations of the individuals.

Regarding the environmental and hunting rights, the government intervention has caused the violation of generals of the civil law regarding the legitimate ownership, etc, and creation of a new legal order.

Then, as government intervenes in the rules related to the labor laws by intervention in private relations between workers and employers to restore the public order of labor or in the landlord and tenant relations and other issues involved, it is necessary in the area of family law to prevent increased social ills by making change in the traditional rights.

REFERENCES

Ancona. Crisis in America father absence. New York: Nova Science publishers, 1998 Brent. David.A. et. al. "Post-traumatic stress Disorder in peers of Adolescent suicide victims: predisposing Factors and phenomenology".

Journal of the American Academy of Child and Adolescent Psychiatry. (34, 1995) Eazazi, Sh., Sociology of the family; Tehran: Roshangaran and women's studies publication; High school services, 1998 Garfinkel, Irwan L.and Mclanahan, sara. Single Mothers and TheirChildren: An New American Dilemma. Washington-DC: Urban institute

press, 1989. Jafari Langroodi, M.B., Law Terminology, Tehran, Ganje Danesh Publication; 1990 Johanson, Robert A., John P. Haffman and Dean R. Gerstein. "The Relationship between Family structure and Adolescent Use". National

Opinion Research Center for the United states Department of Health and Human services. Washington-DC.1996. Katozain, N., Introduction of law, Tehran, Publishing Company, 1998 Majlesi, M.B., 2011, Bharalanvar, Tehran, al-Islamiya, C 1. Noori, M.H., Mustadrak ol Vasael and Mostannbet ol Masael; Qom Al al-Bayt, 13 and 2. Popenoe, David. "American Family Dectine, 1960-1990: A Review and Appraisal". Journal if Marriage and Family (55, August 1993) Popenoe.D.LifeWithout Father. New York: The Free press, 1996 Seyed Razi (ED), Nahj al Balagheh, 2007; Translation: Mohammad Dashti, Tehran Amiralmomenin Research Institute (AS) Unknown, "Labor suffer children"; Thought and Society, No. 7, 2000 Washington-DC: The urban institute press, 1994.

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