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 with the conclusion and recommendations that preserve the rights of the child and a list of references.