حضانة مؤسَّسات الرِّعاية الاجتماعيِّة للأطفال فاقدي الرِّعاية الوالديَّة بقوة القانون دراسة مقاصدية، مقارنة بين النظام السويدي والنظام السعودي Custodianship of Social Care Institutions for the Children Who Lost Parental Care by the Force of Law: A Purpose-based Study, a Comparison between Swedish System and Saudi System

Abstract

Abstract

The issue of protecting children who have no parental care has become one of the most prominent issues in the current century. This has become evident with the migration of Muslims throughout the world as a result of dire political and economic conditions, which has created several problems, perhaps the most important of which are the problem of the absence of those entitled to custodianship in diaspora countries, and the problem of depriving children from their families by force of law in Sweden. The research aimed to explain the Islamic Fiqh view of protecting children who lack parental care, and the view of Islamic Fiqh on the issue of depriving children from their parents by force of law, and how Islamic Fiqh dealt with the issue of parents’ abuse of their children, while explaining the objectives of Islamic law in all of that. The research included a foundational aspect and an applied aspect. The researcher relied on the analytical, descriptive, and comparative methodologies. The research concluded that Islamic law granted the father of the child in custody and those in his rank the authority to discipline the child and maintain him without excessiveness or negligence, and gave the judge the right to withdraw custodianship from the parents of the child or one of them when harm is proven. It also explained the controls for the family sponsoring the child in care who has lost parental care in institutions of social care in the Kingdom of Saudi Arabia. The research has explained that what the State of Sweden is practicing, represented by the Social Service Institution, violates of the United Nations resolutions on the rights of childhood and family. The research has clarified some of the objectives of Sharia law in the custodianship of children who lack parental care.

 Keywords: Custodianship, Objectives of Sharia, Children without parental care.