1. Aile Birliğine Bir Müdahale Biçimi Olarak Çocuğun Devlet Koruması Altına Alınmasının İslâm Hukuku Açısından Değerlendirilmesi.
- Author
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GEDİK, Şerif
- Abstract
Family is the first place in which our future individuals open their eyes to the world. Family, which is mandatory for the healthy upbringing of future generations, constitutes the most important building block of society. Islam attaches a great importance to the family institution established through a legitimate marriage contract and the continuity of the lineage, and imposes very important responsibilities on parents regarding their children. It is very important for the existence of society which children, who are the guarantee of our future, grow up in a physically, spiritually and emotionally healthy way, away from all dangers. In the words of the Prophet, “Our children are our beloved ones” and they are entrusted to us by Allah. Islam protects the children at all stages of their lives, from the fetal state in the mother's womb until they become adults, and legally secures all their rights. According to Islamic law, minors are deficient in terms of their capacity to act and are limited in their ability to act. Due to their biological helplessness and lack of capacity, minors need the protection of others. From the moment they are born, they do not have the ability to carry out their personal and financial affairs on their own nor do they have the physical, spiritual and mental maturity. The fact that minors need the supervision and protection of someone else arises due to their biological inadequacy and legal necessities. In Islamic law, the personal and financial rights of children are protected through the custody or guardianship system. In legal terms, all rights and interests of minors are protected by parents or guardians. The state is the guardian of those who have no guardian. The place where the most appropriate opportunities and conditions can be provided for a child to grow up in a peaceful, safe and healthy way is undoubtedly his/her own family. The love, compassion and mercy that parents have towards their children require them to prepare the most suitable environment for them. Although it is not appropriate to remove a child from a warm family environment and parents without a necessity, the physical, emotional, economic and sexual abuse that the child is exposed to within the family sometimes makes this necessary. It is a necessity to protect children who are neglected and abused by their parents and other family members, or who are victims of crime. The protection and supervision of children is the responsibility of parents, close relatives and the lawful authorities of the state. When children in need of protection are mentioned in Islamic law, orphans, foundlings or found children usually come to mind. In academic studies conducted on these children, the issues of foster care or adoption are generally discussed. Since our study will focus on children living with their parents and in need of protection, orphans and homeless children will not be addressed. Therefore, the issue of foster family or adoption is not included in the scope of our study. It is hoped that this study will contribute to the field in the context of related issues and shed light on future studies. The article aims to examine the issue of under which cases children living with their parents should be/should not be taken under state protection from the perspective of Islamic law. However, since the topics discussed in this article include many different issues within themselves, the incidents of neglect and abuse that children are exposed to within the family vary, and it is not possible to subject each incident to a special evaluation, the topics have been tried to be explained from a holistic perspective in the light of examples. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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