حقوق الأطفال المولودين من أم إيزيدية ووالد داعش يالذين يعيشون بالمخيمات في القانون العراقي والشريعة الإسلامية

This study adopts a multi-tiered inductive methodology encompassing three dimensions—Islamic jurisprudential (Shar'i), legal, and empirical—in an effort to propose remedial measures that alleviate the suffering of children residing in the Al-Hol Camp in Syria. These children are the product of sexual violence perpetrated against Yazidi women by ISIS terrorist factions following the fall of Sinjar and other areas under their control. The researcher conducts an analytical examination of jurisprudential texts from various Islamic legal schools to elucidate the fundamental rights of these children. Foremost among these are the right to lineage recognition from both parents, access to appropriate care, education, and financial maintenance. Should the parents fail to fulfill these duties, such responsibilities are to be assumed by the nearest kin, or, in their absence, by the state. It is impermissible to criminalize or penalize these children for crimes they did not commit. The injustices suffered by their mothers starkly contradict Islamic legal and ethical principles. These actions have led to dire consequences, most notably the captivity of innocent children in refugee camps. A deeper objective behind these atrocities appears to be the deliberate stigmatization of Islam through its association with terrorism and extremism. This dissertation seeks to address this humanitarian crisis through the lens of Islamic jurisprudence, which affirms the moral and legal obligations of society and the state toward these children. Guardianship, is a religious obligation upon parents; if they are unable or unwilling to fulfill it, the responsibility transfers to grandparents or close relatives, and ultimately to the state. From a legal perspective, Iraqi law safeguards the rights of these children by ensuring their eligibility for lineage recognition, inheritance, and financial support. Moreover, they are legally entitled to acquire Iraqi citizenship and enjoy the full spectrum of civil rights afforded to other citizens, including protection from discrimination and violence. International legal frameworks on children's rights further prohibit child labor, recruitment into armed groups, and their use in military operations—acts that constitute war crimes under international humanitarian law. On the empirical level, the researcher distributed 100 structured questionnaires to educators and caregivers within the Al-Hol Camp. The data collected was statistically analyzed to assess the social and legal status of the children. Furthermore, a set of 100 age-appropriate questions was administered to children aged 4 to 12. Their responses revealed a consistent desire to return to their homeland and a strong sense of national identity, as evidenced by their expressed interest in obtaining Iraqi citizenship. native society as a prerequisite for psychological recovery and long-term social reintegration. It underscores the necessity of rescuing them from the harsh conditions of the camps. By drawing on both Islamic and legal sources, this research offers a framework for redressing this form of injustice, which poses broader implications for social cohesion and national security in Iraq.