تفاصيل الرسالة العلمية

This study deals with a distinctive old, modern and contemporary projectors of the Guardianship and Custody in the Islamic law compared with the Iraqi Personal Status Law. One of the objectives of this study is to identify the most important features of the custody and the guardianship in the Islamic jurisprudence and it's projectors in a comparison to the Iraqi Personal Status Law. Another objective is the role of Islamic jurisprudence in the legislation of the custody and guardianship and it's role in protection and preservation of the rights of young، non-adults, minors and foundlingss. The researcher has achieved a set of results, the most important one among them is that the Islamic jurisprudence aims to establish a law to preserve the rights of minors, young people and non-adults of it's nation and how the Iraqi personal status law goes along with it. Both have approved the projectors of custody and guardianship are to be: when the minors reach the age of maturity, the death of the minor or his guardian, the end of the estimated time of the mandate, and the demise of the guardian