Harmonisation of the rights of orphans under Islamic Law and the International Law

Razzaq, Munazza and Mohd, Azizah and Md Hashim, Noraini (2024) Harmonisation of the rights of orphans under Islamic Law and the International Law. In: HARMONISATION OF SHARI’AH AND CIVIL LAW: P R O G R E S S A N D A C H I E V E M E N T S. CENTRIS, IIUM, JALAN GOMBAK, KUALA LUMPUR, pp. 311-356.

PDF - Published Version Restricted to Registered users only Download (3MB) | Request a copy

Abstract

An orphan is a child raised without a family. The word 'orphans' in the Qur'an and Sunnah signifies the importance of protecting their rights and upholding their best interests. This article examines the provisions in Islamic law that confer specific rights on orphans. Additionally, the article emphasises a comparative analysis with the Convention on the Rights of Child (CRC) to gauge differences or coherence with Islamic principles. This analytical exploration seeks to illuminate the discrepancies or consonance with Islamic tenets. The research conducted a qualitative study by adopting a doctrinal approach to review primary and secondary data. They discerned common threads in safeguarding orphan rights within the Shari’ah and international conventions. The findings reveal common principles in Islamic law and international conventions regarding protecting orphan rights. This article proposes pragmatic pathways to harmonise these legal frameworks where collaboration is crucial, thus demonstrating the identification of common principles regarding protecting orphans' rights, as outlined in Islamic lawand international conventions.

Item Type:	Book Chapter
Uncontrolled Keywords:	Child's rights, orphans rights, harmonisation, Shari'ah, international law, CRC
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) > BPK78 Usul al-fiqh > BPK109 Sources of Islamic law > BPK121 Ijtihad > BPK125 Applicability of Ijtihad. Instances of application > BPK125.2 Harmonisation of Shari’ah and law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Azizah Mohd
Date Deposited:	26 Dec 2024 10:46
Last Modified:	26 Dec 2024 10:46
URI:	http://irep.iium.edu.my/id/eprint/116939

Actions (login required)

View Item