Child's Health, Upbringing, and Education in Islamic Sharia and the Afghan Child Rights Protection Law

Authors

  • Parwiz Stanekzai Professor, Academic Member, Faculty of Sharia and Law, Jahan University, Kabul, Afghanistan
  • Mohammad Salem Hamidi Professor, Academic Member, Faculty of Sharia and Law, Jahan University, Kabul, Afghanistan

Keywords:

Child, children's rights in Islam, children's rights in law, the right to life, the right to education and upbringing

Abstract

In recent decades, issues related to children's rights have become one of the critical global concerns. Violations of children's rights and the resulting harm have intensified and are recognized as an urgent issue in today's world. Children, as the future of societies, are especially exposed to problems and dangers such as parental abandonment, the devastating effects of war, the consequences of natural disasters, malnutrition, and serious illnesses, as well as the imposition of child labor and other difficulties. Afghanistan, as a member of the United Nations family, has acceded to several human rights conventions and considers itself bound to adhere to the provisions and principles of supplementary conventions at the national legislative level. Considering the Islamic aspects of our society, it should be noted that any violation of human rights in general and children's rights in particular contradicts Islamic principles. Islam, as a comprehensive and complete religion, can serve as a solution to various challenges and societal issues. Our claim is that, in Islamic countries, due to the existence of familybased laws, familiarity with Islamic principles, and the legal status of children within the family environment, children's rights are in a better position. Therefore, a study of children's rights from the perspective of Islamic jurisprudence and Afghan laws can demonstrate that Islam surpasses other sources in understanding and emphasizing children's rights. Furthermore, Afghan laws, derived from the foundations of Islamic jurisprudence, have been better accepted than the laws of other countries globally and have received serious attention to date.

References

1. Shafiq Abdul Khaliq. Child Rights in Afghan Laws and the Convention on the Rights of the Child. Comparative Law Quarterly of Justice and Equity . 2021; 4(14) 32-51p. https://civilica.com/doc/1446637

2. Nazari Dawood. (2019). Children's Rights in Afghanistan: Challenges and Obstacles . [Online]. Independent Human Rights Commission of Afghanistan. https://www.aihrc.org.af/home/articles/6708

3. Tabibi Jabali Morteza. Mechanisms for Protecting Children's Rights against Punishments and Penalties from the Perspective of Jurisprudence and Law. Family Law Quarterly (Nedaye Sadegh). 2013; 58. http://ensani.ir/fa/article/320284

4. Lotfi Asadollah. Children's Rights . Scientific-Research Quarterly of Humanities, Al -Zahra University. 2010; 41. http://ensani.ir/fa/article/author/28208?ArticleSearch%5BsortBy%5D=mostViewed

5. Nabipour Hedayatullah, Hadayatollah Hedayat, et al. Al-Mu'jam Al-Wasit. Istanbul, Turkey: Dar Al-Da'wa; 1989.

6. Sijistani Abu Dawood , Ash'ath ibn Ishaq bin Bashir . Sunan Abu Dawood . Translated by Mohammad Hanif Hossein Zai. Sarvach Publication; 2018.

7. Ibn Abidin, Muhammad bin Amin bin Umar bin Abdul Aziz Abidin. "Al-Durr Al-Mukhtar" known as Hashiyat Ibn Abidin. Dar Al-Ma'arif; 2011.

8. Ibn Manzur, Muhammad bin Mukram bin Manzur al -Afriqi al-Misri. Lisan Al-Arab. Beirut: Dar Sader; 2010.

9. Ibn Najim, Zain al -Din Hanafi. Al-Bahr Al-Ra'iq: Sharh Kanz Al -Daqa'iq. Beirut: Dar Al -Kutub Al-Ilmiyah; 1997.

10. Ahmad Fathi Bahansi. Punishment in Islamic Sharia. Dar Al-Kuwait Lit Tabaa; 2006.

11. Hasan bin Khalid Hasan Sindi . The Care of Islamic Sharia for the Rights of Children . Cairo : Maktabat Dar Al-Fikr; 2005.

12. Rafat Farid Sulaim. Children's Rights in Islamic Sharia. Cairo: Dar Ibn Al-Jawzi; 2004.

13. Zahili Wahba. Islamic Jurisprudence and Its Evidence . Publisher: Dar Al -Fikr Liltiba'at Wa Al - Tawzi' Wa Al-Nashr; 1985.

14. Abdullah Nazam Al-Din. Explanation of the Civil Code of Afghanistan. Kabul: Saeed Publisher.

15. Dehkhoda. Dehkhoda Dictionary. Tehran: Zahra Publications; 1996.

16. Badran Abu Al-Ainin. The Rights of Children in Islamic Sharia and Law. Alexandria, Youth of the University Foundation; 1981.

17. Awad Gouda Mohamed. Children's Rights in Islam. Dar Al-Fadila Liltiba'at Wa Al-Tawzi' Wa Al- Tanfidh; 1998.

18. Child Rights Protection Act of Afghanistan. Ministry of Justice, Official Gazette; 2018.

19. Law on Rehabilitation and Education Centers for Children . Ministry of Justice, Official Gazette ; 2008.

20. Law on Dealing with Children's Offenses. Ministry of Justice, Official Gazette; 2005.

21. Afghan Constitution. Ministry of Justice, Official Gazette No. 818; 2003.

22. Law Prohibiting the Employment of Children in Military Units . Ministry of Justice, Official Gazette; 2016.

Published

2023-12-28