الطفل مجهول الأبوين في الفقه الإسلامي: حقوقه وأحكامه

Abstract

Abstract: The research seeks to derive the system of Islamic legislation concerning children of unknown parentage, which is part of the Islamic sharia's respect for and observance of human rights and honour for other creatures. The research problem focuses on the extent to which Islamic law takes care of the framing of legal provisions relating to children of unknown parentage. Questions classified in three axes are devoted to this problem. First, what is the concept of a child of unknown parentage? What are its legitimate determinants? Second: What are the causes of parents' ignorance? What is the provision for causing it? What are the mandatory provisions for the care of children of unknown parentage? Third: What are the legal provisions relating to children of unknown parentage in terms of descent, inheritance, and civil transactions? The researcher adopted the descriptive and analytical approach in tracking, describing, and analysing research topics and describing the frameworks of the relevant provisions. The research concluded that the Islamic sharia had established a system of legislation to protect children of unknown parentage; From the criminalization of the reasons for this act, and secondly by imposing his care, benevolence, and criminalization of disavowing this responsibility, and thirdly as other qualified parents in his inheritance, guardianship, and civil transactions.