A critical analysis of the convention on the rights of the child (CRC), 1989 in the light of Islamic Law

Abstract

This present research endeavor critically compares the rulings in Sharīʿah, as well as, the law prevailing in Islamic States with the provisions of Convention on the Rights of the Child (CRC). Moreover, it argues certain discrepancies among the provisions of CRC, Sharīʿah and the law prevailing in Islamic States; allowing the states to practice according to their domestic or religious rulings, thereby leading sometimes to contradiction with CRC. However, a perception, though wrongly generated by some western legal experts, exists that Islamic law is adversative to the protections provided by international human rights law. This perception proclaims that Islamic law is a formidable impediment to the universal realization of the international human rights law. Frequently, this notion is pronounced in relation to children. However, it is entirely a wrong perception as Sharīʿah exclusively initiates unprecedented venture by declaring certain basic rights for the protection of children. Being qualitative research, content analysis technique is followed for the investigation of the issue. While doing so, the available secondary data is critically analyzed.

Keywords

• child protection; sharīʿah; convention on the rights of the child.