Harmonisation of the rights of orphans under Islamic Law and the International Law
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, t...
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| Main Authors: | , , |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
CENTRIS, IIUM
2024
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/116939/6/116939_HARMONISATION%20OF%20THE%20RIGHTS%20OF%20ORPHANS%20UNDER%20ISLAMIC%20LAW%20AND%20THE%20INTERNATIONAL%20LAW.pdf http://irep.iium.edu.my/116939/ https://bit.ly/harmonisationofshariahandcivillaw. |
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| Summary: | 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. |
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