Custody in Turkish civil law and Islamic law

This work has been prepared as a master's thesis under the Department of Private Law (Civil ‎Law) of the Social Sciences Institute of the Ankara Social Sciences University.‎ In the thesis, the ‎subject of examining and comparing the institution of custody in Turkish Civil Law and its ‎equivalent in Islamic Law has been academically researched. In this study, it has been mainly focused on how the relations between parents and children ‎are regulated under the name of "custody" in Turkish Civil Law and Islamic Law. In this ‎context, the meaning of custody, the principles it is based on, the mutual rights and ‎obligations of the parties, and what kind of measures are taken against the needs of ‎protection, compassion, help and attention of children, especially from the moment they are ‎born, have been examined. In the relevant parts of the study, Turkish legal teaching, sources in ‎Islamic Law and court jurisprudence are discussed and tried to be explained with examples ‎from practice.‎ In the first and second parts of the study, the place, nature and content of the custody ‎subject, which aims to legally protect and watch children, which has an important place in ‎terms of family law, in Turkish Civil Law and Islamic Law systems are discussed independently ‎with its controversial points. In the third part, the similarities and differences between them ‎have been examined in light of the laws and judicial decisions on the subject.‎ Regarding custody, which is a result of the principle of protection of the weak in general, it ‎has been observed that both legal systems contain special provisions for children based on ‎the unique characteristics and importance of childhood and adopt the protection of the ‎child's benefit as a fundamental principle. However, differences have been identified ‎between the two legal systems in terms of the intensity of state intervention, those who ‎have custody, the scope of rights, powers and duties granted to them, and the termination of ‎custody.‎ Based on all these data, we hope that this study will be a guide on the theoretical ground, ‎especially for academic studies to be carried out on custody in Turkish Civil Law, to ‎determine the equivalent of the issues in Islamic Law.‎