Protective measures for children with social content in terms of fiqh

The family institution, established with kinship by marriage and meeting the basic needs of every individual in the society, cannot provide the same social and legal opportunities for every individual for various reasons. The main subject of our thesis; the rights and obligations of individuals deprived of the family institution for various reasons and the protection of socially protective measures in the current practice for the concerned persons from the perspective of fiqh. As a matter of fact, with the Qur'anic teachings and those of the Prophet (p.b.u.h), Islam offered many practices and solutions on the rights and obligations of orphans. All structures of society is impacted by social changes, difficulty in living conditions, violence against children in the family, divorces, extramarital ties, economic problems, drinks, gambling, etc. the increase in bad habits, the mass deaths in wars, accidents and disasters. In addition, the greatest impact on the individual basis is orphaned children in need of care. Especially today, the problems of orphans living in the streets and getting involved in various crimes, await solutions as a social reality of societies through both public institutions and civil organizations. The aim of this research is to determine the approach of Islam, which brings regulations in all areas of life as well as the provisions of worship, and the solution proposals. Our study consists of an introduction and three parts. In the first chapter, the concept of childhood is defined. The right of the child and the general purpose of protecting children are emphasized. Subsequently, the children who are subject to preventive measures are defined from the perspective of jurisprudence with today's practice and the group. In the current practice of children, the first chapter has been completed by taking protective measures and evaluating the results. The second part of this research is the adoption practice and jurisprudence aspect of long-term family care models for the child. The last section includes the explanation and jurisprudence of "Foster Family" and "Institution Care" as an model, which are shorter than adoption practice and differentiate in many respects with their provisions and implementation. During the research, these practices were presented by comparing the practices in the historical process on the basis of Civil Law / Islamic Law and today's applications. The official institution for the protection of children is the General Directorate of Child Services within the Ministry of Family, Labor and Social Services. The General Directorate of Child Services aims to provide protection for children in need of protection through social services and charitable practices. When the present practices regarding the protection and care of orphan children are evaluated, it is found that the primary preference for these children is homestay care, but in the absence of such a family or if there are some compulsory reasons arising from the child or parent, institutional care is preferred for the child. The principles of application of these care methods and the interpretation of Islamic Law on the subject constitute the basis of the research. As a matter of fact, the fact that the subject is explained with the titles "Laqit" and "Orphan" the sources of Classical Fiqh shows that Islam has not been indifferent to the care and protection of orphans in the historical process.