Children's rights between Islamic law and Iraqi law

Abstract

Praise be to God, Lord of the Worlds, and prayers and peace be upon
the Master of Messengers Muhammad (may God bless him and grant him
peace) and upon all his family and companions.
Human is the main factor of the Islamic religion, the religion that
honors man and prefers him above all other creatures. If we looks carefully to
the provisions contained in the Holy Qur’an as the main source of Islamic
legislation and the purified Sunnah of the Prophet as a second source, we will
find that there are hundreds of noble Qur’anic verses and noble prophetic
hadiths that It clearly stated the important fundamental rights that a person
should enjoy., it can be said with impartiality that Islamic law was prior to
man-made laws in determining the rights and freedoms of the child, which
came in the most complete and widest form. In fact, it represents the first
universal declaration of the rights of the child, and Islamic law in this field had
the greatest impact on human thought. Some saw the Universal Declaration of
Human Rights as general:
1948 AD does not dissent the principles of Islamic
law except in rare cases, and it is still below the level of the image drawn by
Islamic law for the system of human rights and freedoms. Since the provisions of Islamic Sharia pertain to all of humanity, and
are not exclusive to Muslims, every society can seek help from them and apply
them according to the prevailing circumstances in it, and since man is the goal
of all heavenly messages, God Almighty has favored him over the rest of his
creatures and honored him with the Almighty’s saying: (And We have honored
the children of Adam. And We carried them on land and sea, and provided for
them with good things, and favored them over many of those whom We created
with great distinction.” (Surat Al-Isra, verse 70).
Due to the abundance and complexity of human rights, I chose to
research the rights of the child between Islamic law and Iraqi law, considering
that this stage is the most important stage in human life. The rights of the child
approved by Islam are eternal natural rights imposed by the divine will as an
integral part of the blessing of God Almighty upon man.
The research was titled: Children’s rights between Islamic law and
Iraqi law.
It explained that children's rights are a set of individual and personal
rights that focus on the status of their bearer as a child and a human being in
need of care and attention. Due to the importance of this issue, we find that
Islam has paid special attention to the child and recognized a number of rights
for him even before his eyes saw the light of day. Islam urges the man to
choose a righteous and religious wife, so that in the future she will be a good
mother who will take care of her husband’s affairs and her home and be
responsible for raising her children correctly and rightly. After his birth, Islam
recognizes and grants the child a set of rights,
Such as his right to life, lineage,
name, breastfeeding, custody, inheritance, etc. This concern by Islamic law for
the child came as evidence of the greatness of Islam and its emphasis on
respect for human rights, which it considered to be something that
accompanies respect for humanity and dignity, which God recognized for this
creature. The issue of child care began to take a clear turn in response and
harmony with the influences and variables that aimed to focus attention on
children’s affairs and concerns. Iraqi law also paid great attention to
children’s rights by legislating laws that protect the child’s entity from all that
harms him, and they began to be viewed on the basis that they are human
rights. It is universal and cannot be overlooked or postponed. The research was divided into three sections: The first section: I talked
about the concept of right linguistically, terminologically, and legally. The
second section: I talked about the rights of the child and the provisions
brought by Islamic law that protect the child with all his life’s belongings. The
third section: I talked about the legislation that puts by The Iraqi legislator in
a way that preserves the rights of the child, and I concluded the research withthe conclusion and recommendations that preserve the rights of the child and a
list of references.