حقوق الطفل في السنة النبوية ومدى توافق القانون الكويتي لحقوق الطفل معها : دراسة تحليلية

Abstract

This research covers the case of children rights in prophetic sunnah, and Kuwaiti Child Rights Law of 2015 AD. The researcher aims to highlight the inclusiveness of the purified Sunnah by collecting the hadiths of the Prophet, studying and analyzing them, in the field of child rights; whether before or after his birth, and the extent of the compatibility of Kuwaiti law with it, and correcting his points of disagreement with it. His methodology in this research is to collect Hadiths from the main nine books of Sunnah objectively under sub-headings to serve the main subject. The researcher uses the analytic method in presenting the hadiths, as well as including explanations for the meaning of the words with its references and terms. Then, the researcher turns out to the legal side in this thesis to collect the legal materials related to the subject matter. Through reviewing the materials related to the sub – headings, with reference to the Kuwaiti Child Rights Law. Then he mentions the agreed upon points with the Sunnah and the disagreed points, to clarify them. The researcher has reached to the conclusion that there are many agreed points between the prophetic Sunnah and the Kuwaiti Child Rights Law. In many respects the agreed points are several thus the Kuwaiti law had not breached the prophetic Sunnah except in two cases. Firstly, the child's right to lineage, however not in all cases, but in two cases, as mentioned in Article 17 of the law, and the consequences thereof, such as inheritance for example. Secondly, Childhood Limitation, that is the end of childhood, and the use of the Gregorian calendar year instead of the Hijri year, as stated in Article (1) of the law. Therefore, the research recommends that researchers study the purified Sunnah in areas that concern society. It also recommends amending Articles (1) and (17) of the Kuwaiti Child Rights Law to be in line with the noble Prophet’s Sunnah.