حقوق الطفولة المسعفة بين الشريعة والقانون

Abstract

We wanted through our research on the topic " Ministered childhood between Sharia and the law - a comparative study -" to identify the rights of this group, both in the international laws that deal with childhood, and the domestic laws of some Arab countries, and to compare these laws against sharia law in order to determine the similarities and differences between the sharia and the law. There are two main motives for conducting this work: -First, the weakness that this social group suffers from due to the lack of family care -Secondly, the spread of this phenomenon in society, and the absence of any serious attempts to rectify it. We have tried at first to tackle the terms and concepts, to delimit the field of study, by defining ministered childhood from the perspective of language, sharia, and the law. We also covered some terms which are synonymous with it. Then the most important rights of the ministered child, in international conventions and the domestic laws of some Arab countries, were dealt with and compared to sharia law. We arrived at the results contained in the conclusion of the work; the most important of which are as follows: -Islamic law differs from positive law in its approach to treating the phenomenon of ministered childhood which relies chiefly on preventive measures by prohibiting anything that would lead to the appearance of this phenomenon such as adultery and rape. Nevertheless, Islamic law did not overlook the importance of the practical and social solutions to this problem, which is why it established a system of social solidarity within which a child can never be deprived of care and protection. On the other hand, both the domestic and international laws fail to appreciate the importance of preventive treatment; they deal with the phenomenon as an inescapable reality. Therefore, the domestic legislator attempts sometimes to adhere both to international conventions and the provisions of the Islamic Sharia. In contrast, the international legislator has adopted a system of foster care through adoption, institutions, and shelters while still keeping the causes of childhood ministering in the name of unrestricted freedom which results in the spread of pornography and the elimination of the concept of typical family by replacing it with atypical family.