Master'sOpen Access

The relationship between custody and hadânah in terms of Islamic law

2020
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Advisor: Prof. Dr. Mehmet Birsin

Abstract (EN)

In this study, the custody of the child and the hadanah authority, another type of custody that is accepted, is discussed within the terms of Islamic Law. Custody is the authority of a legally underage person to conduct their work in relation to the individuals and property of another person who is completely unlicensed or not meet the requirement. The concept of hadânah is often used in the sense of "child care and manners"; an authorized person with certain conditions and someone who is considered a relative of the child should take responsibility for caring for a certain period of time, mannering and educating the child who cannot meet his own needs. In our study, the scope of custody and hadith powers and the rights and responsibilities associated with these powers are researched, while the sects of the Islamic legal system are based on the sects of Hanefi, Shafii, Maliki, and Hanbeli In the relevant cases, other legal systems are also mentioned from time to time. There is a consensus in Islamic law that the right to be the right of the mother first belongs to the mother, but after a certain period of time, custody of the child is passed to the father. At the same time, the child's alimony responsibility belongs to the father. In such a case, there is a common authority on the child. In Islamic law, the child's joint custody status has not been addressed, but the work on an arrangement in the form of "shared joint custody of the jurisdiction" and the sharing of custody authority by the parents shall be used by the child's two parents. in the child's interest. The main purpose of both the use of custody and custody authority is to protect the child's interests and rights, but also to ensure that parents are not victimized as much as possible. Therefore, it would be useful to make useful arrangements in accordance with the needs of custody and hadith according to the conditions of the time. Keywords: Islamic Law, Custody, Hadanah, Child, Joint Custody

Author

Dr. Hatice Ötegeçeli

How to Cite

Hatice Ötegeçeli (Master Thesis). The relationship between custody and hadânah in terms of Islamic law, 2020, İnönü University.

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