أحكـام ضم الصـغـير يتيـم الأبويـن و مجـهول النسـب - دراسة قانونية مقارنة بأحكام الشريعة الاسلامية-

Abstract

The importance of research on the subject of the provisions of the inclusion of a young orphan or unknown parent is related to a basic need for man, especially the child's need for care, protection and tenderness, which can only be achieved in a family atmosphere that guarantees the child all his basic needs. The Islamic religion is at the forefront of religions in terms of the scope of its system and its accuracy, details of its provisions and its perfection. It is a religion and law that regulates the life of the individual in society. Among these practical provisions are the provisions related to the guarantee or inclusion of orphans and uneducated .Since the Constitution of the Republic of Iraq for the year 2005 stated in Article (2) that: "Islam is the official religion of the state, which is a basic source of legislation, and it is not permissible to enact a law that contradicts the principles of Islam." This rule, in accordance with its legislation, requires that all legislation in force in accordance with the provisions of the Islamic Shariah be upheld, including legislation regulating the provisions of guaranteeing the orphan and the uneducated persons such as the Juvenile Welfare Law and the Personal Status Law.The second chapter deals with the conditions and procedures for the inclusion of the young orphan of the Unknown parents. The third chapter examines the effects of the inclusion of the young orphan of parents Or unknown descent