Protections and Supervisions of Childrens Who Are Inadequate by Themselves With Regard To Competence of Trusteeship and Guardianship in Islamic Law

Abstract

Consisting of various reasons, childrens need for the protections and supervisions of adults. This neccessity may appear because of the legal obligation or biological inadequacy. So, protections and supervisions of childrens who are inadequate by themselves are legal obligation on their representatives. Basically, these functions which are related to childrens are performed by their parents. However, all of the childrens haven't got same chances in these matters. Therefore, their protections and supervisions are ensured by adults or legally. In these topics, a great many law codes are issued by Islamic lawmakers. In this respect, childhood are classified a few separate periods in Islamic Law. According to Islamic Law, their individual attentions and legal affairs should executed by their trusteeships and guardianships, in this period. So, in Islamic Law, while the guardianship (walayah) was appearing on the field of individual affairs, the trusteeship (wasayah) was related to goods and financial affairs, in general. But this separation doesn't regard a superiority between the guardianship and the trusteeship. Because these functions carry out behalf on useful to childrens in Islamic Law.