The Qur’an and Islamic Legal Perspectives on Child Protection

Abstract

This article seeks to examine the perspective of Islamic law on child protection issues, by specifically comparing the teachings of Islamic law on child protection with the Child Protection Law no. 23 of 2002 in Indonesia. This research was based on a literature review with a descriptive analytical and comparative approach being taken. Among the main conclusions in this study are inter alia, that Islamic law provides the best protection for children when compared to conventional domestic legislation and international conventions on child protection. In the Indonesian context, even though the Child Protection Law no. 23 of 2002 has been enacted, there are still many deficiencies in the articles that can be perfected by observing Islamic teachings. The rights of children in Islam start from the time of forming a family, by choosing a good life partner, and it is prohibited to for a spouse to commit adultery as this can devastate the couple and the children if there are any. Furthermore, Islam also protects children before birth by giving them the right to live and it vehemently opposes and prohibits abortion and promotes the obligation to provide nafaqah (financial support a husband must provide for his wife during marriage and for a time after divorce), for pregnant women. After a child is born, Islam also provides protection by providing material and immaterial rights for children. In addition, Islam also provides protection for children in special conditions, such as children who are adopted and children with disabilities.