Custody in Turkish and Iraqi law

The aim of this study is to compare the custody in Turkish and Iraqi legal systems; An attempt has been made to determine the current practice of the custody institution and its counterpart in the Iraqi personal status law, which has been applied for centuries. For this purpose, it is aimed to examine the importance and characteristics of custody, the use and termination of the right of custody, and the mutual rights and obligations of the parent and the person under custody. Within the framework of the authority and responsibilities given to the mother and father, meeting the child's basic needs such as protection, nutrition, shelter, care, education, representation, etc. is within the scope of custody. The responsibilities of parents arising from the concept of custody are sufficient, in cases where it cannot be fulfilled or cannot be fulfilled at all, in accordance with the principle of the best interest of the child, the state may take some measures for the child and, if necessary, decide to abolish custody, appoint a guardian for the child, or place the child in an institution. Our study consists of three main parts. The first section is allocated to custody in Turkish civil law. The second part is specific to custody in the Iraqi personal status law. In the third and last part of the study, the provisions of Turkish and Iraqi law regarding custody are compared and discussed in terms of all the issues mentioned so far. Within the scope of the study, similarities as well as differences between Turkish and Iraqi law were revealed.