A comparative analysis of protections guaranteed against child abuse under Islamic law and international human rights law

Abstract

Children across the world are subject to different kinds of child abuse. “Child abuse” is the wrongful treatment of a child. Such wrongful treatment of a child may be sexual, mental, or physical. Child abuse affects the development of a child having disastrous physical, psychological, behavioral, and cognitive effects. Islamic law recognises the rights of children in the same manner as it recognises the rights of adults. Under Islamic law, rights and duties are correlated with each other, therefore, many obligations are placed on the believers towards their children. Conversely, abuse in whatsoever form, is deemed a great sin according to Islamic Law. Under International Human Rights Law (IHRL), the rights of children are equally recognised while children are protected from all forms of sexual abuse, exploitation, and other forms of abuse under various conventions and treaties. The main objective of the paper is to evaluate the protections available to children both under Islamic Law and the IHRL. Firstly, the definition of a child under Islamic Law and IHRL has been appraised. Secondly, the study has investigated the kinds of abuse a child is subject to. Thirdly, it has enumerated and compared the legal frameworks provided under Islamic Law and IHRL on the protections provided to children. It has further engaged in the determination of inconsistencies, if any, between Islamic Law and IHRL on the subject of protections guaranteed to children. Lastly, it has concluded by drawing an overall comparison on which legal framework safeguards children's rights in a better manner. The doctrinal research methodology has been adopted. The data has been gathered from sources of Islamic Law and international treaties, conventions, and academic writings.