SOCIAL DEVELOPMENT IN ISLAMIC LAW, A READING OF THE CONDITIONS OF CUSTODY AMONG THE IMAMATE JURIST

Abstract

Islam is the final heavenly religion and because it cares about guiding human beings towards perfection, it is concerned with laying down the necessary legislation to regulate their social life in the world and caring for people in all matters, which it is urged through its texts in the Noble Qur’an and the noble hadiths. Muslim sages and philosophers have always developed their theories to know the perfect man, whom the systems of heaven and the teachings of the prophets sought throughout the ages to teach, educate and nurture mentally, morally and religiously to become a complete human being with the real meaning of the word.

Anewborn who is the beginning of a person’s complete journey goes out to life while hit needs someone to provide it with the basics of living and upbringing, so Islam legislated laws for this newborn to protect it from loss and death in all stages of its life, and so that it is not deprived of the kindness of its parents and is inclined to delinquency, crime, and assault on others, or, suffers from a self-incompetent oedipus that might have no remedy Hence makingcustody a necessity for the newborn because it preserves the building of its personality and protects it from delinquency. The newborn gaining from the custodian kindness during this period specified by the legislature is considered an important element in the formation of its behavior, because it looks to him/her as the hope of its life.If it is separated from her/him, itwill be separated from its whole life, and all its hopes were dashed.