Comparative Study between Islamic Law and Child Rights Acts on the Right of Maintenance of a Child Born out of Wedlock.

Abstract

This comparative study was aim to analyze and compare the provisions of Islamic law and Child Rights Acts concerning the right of maintenance for a child born out of wedlock. The research explores the legal framework governing the financial support and responsibilities of parent towards children born outside the institution of marriage in both Islamic law and Child Rights Acts. The study begins by providing an overview of how Islam views children, who is a child Under Islamic law and under the Act, Legitimation, Maintenance of a child born out of wedlock in Islamic law and Child Rights Acts, highlighting the legal status and rights attributed to such children in each system. The study compares the two system, the sources of law in Islamic jurisprudence and the relevant provisions in Child Rights Acts to ascertain the specific obligation of parent towards the maintenance of children born out of wedlock. The study investigates any potential conflict or overlap between Islamic law and Child Rights Act, as well as the challenges faced in harmonizing these frameworks. Thus, this study combines both the secular and Islamic system of protecting the rights of the child. The analysis takes into account factors such as parental responsibilities, financial capacity, societal and cultural context and the determination of child support amount. Furthermore, the study evaluates the enforcement mechanisms available in both Islamic law and Child Rights Act to ensure compliance with the maintenance obligations. It also considers legal procedures, court interventions, and the role of government agencies in enforcing child maintenance rights. Finally, based on the comparative analysis, the research provides recommendations for potential areas of reform and identifies best practices that may enhance the protection of these children’s right, such as harmonization between Islamic law and child right acts, awareness and education among others.