FOUNDLING PROVISIONS IN ISLAMIC LAW

('Ahkam Allaqit Fi Alshryet Al'iislamia)

A paper written by the Sheikh in the seventies of the last century, printed in a separate booklet, and also published with a book research group under the name "Jurisprudence Research Group "

The sheikh says about this research :

The Iraqi Personal Status Law No. 188 of 1959 AD, nor other Iraqi laws, did not stipulate the provisions of the foundling, and on this one must refer to the Islamic Sharia in its various sects to know these provisions, because what is not stipulated in matters of personal status by a law is governed by Islamic Sharia according to what is stated in The second paragraph of Article 1 of the Iraqi Personal Status Law mentioned above. As for other than personal status matters, the foundling is subject to the provisions of other laws in force in Iraq that are subject to him .

Definition of a foundling :

A foundling in the language does not pick up, meaning it is raised from the ground, because it is of effective weight in the sense of the object, meaning the one who is cast out, then it is more likely to be fired at the bastard or the captured boy, considering that he picks up a habit. In the Noble Qur’an (I show me an afternoon of wine) and the Almighty saying (You are dead, and they are dead) he called grapes wine and the living that carries death dead in the name of the punishment, so he uttered the word bastard to the outcast child .

As for the terminology of the jurists, Imam Sarkhasi al-Hanafi defined it as the name of a born neighborhood raised by his family for fear of poverty or to escape the accusation of adultery . It is understood from this definition that the foundling is a newborn child or that he is young and not distinguished. As for the discerning and insane boy, even if he is an adult, the Shafi’is stated that it is permissible to pick them up because of their need for preservation and care .

Based on this, the rational adult does not come under the concept of a foundling usually because he does not need preservation and care .

It is noticeable to the definition of Imam Sarkhasi that it is limited to a child who is rejected out of fear of poverty or to flee from fornication, and this is even though he is the most prevalent in the foundling, but he may be lost or rejected by his family . But what they said is not the most prevalent in the matter of a bastard, but rather what is mentioned in the definition of the fern . Based on this, it is due to the definition of a foundlings being a child whose family rejected them because of their conditions .

Rule picked up

A foundling is a respected soul in Islamic law that deserves to be preserved and taken care of, and on this basis, capturing him was a required matter in Islam because it involves saving a respected soul from perdition or loss, so that it has the meaning of the living for it, and God Almighty says (and whoever revives it, it is as if he has revived all people  ).

In this research I dealt with the following issues  :

Definition of bastard language .

Definition of foundlings in jurisprudential convention .

The most correct definition of a bastard .

Rule picked up .

Witnessing the bastard capture .

Grabber Terms: Crowding on Capture .

The difference is in capture .

Grab the bastard from its captor .

Returning the bastard to his place. Traveling the foundling .

Foundling freedom .

Bastard debt .

Ruling on his religion after discerning him, attaining or establishing his lineage .

The bastard’s money. The bastard’s alimony .

Guardianship over a foundling .

Bastard legacy .

His crime .

Felony it .

A bastard lineage claim .

Multiple claimant bastard lineage .

Adopting a foundling  .