حقوق الطفل في الفقه الإسلامي وقانون حقوق الطفل الإماراتي: دراسة تحليلية

Abstract

This study discusses the provisions concerning the children’s right in UAE law and Islamic law, where the study deals with the literal concept of the child as well as Shari’ah perspective on the concept of the child, with the explanation of the stages that the child passes through in Islamic jurisprudence. The study also clarifies the rights guaranteed by Islamic Law to the child and compares them with the rights stipulated in UAE law, to indicate the fundamental differences between the two systems. Actually, children are indeed considered to be the vulnerable beings that need proper and good care, therefore it is necessary for the researcher to explain the method of protecting the children in Islamic jurisprudence and the UAE Child Law, whether such protection is from parents or others. The penalties for violating children’s right in Islamic jurisprudence were also discussed compared with the UAE Child Protection Law. So, we can definitely observe from the above statement that this study aims at examining the extent to which UAE law is committed to the protection of children's rights in the light of Islamic law. Comparative analytical method is used in the research to study the legal texts related to the child provisions, as well as Juris’ views on the child’s rights, with a comparison between UAE law and Islamic law to know the aspects of agreement and difference between Islamic UAE laws. The study reached a number of results, among which are: Islamic law is a paradigm in the interest of children's rights, where it takes care of the child’s rights before the birth of the child, and that UAE law follows the step of Islamic law in taking good care of children's rights. The study recommends to the UAE authority to take good care of the latest developments in children's issues and provide the updated provisions for them, as the study also recommends giving proper attention to the issue of educating citizens about the importance of children in society.