Pharos Journal of Theology ISSN 2414-3324 online Volume 104 Issue 4 - (2023)
Copyright: ©2023 Open Access/Author/s - Online @ http//: www.pharosjot.com
1
The Qur’an and Islamic Legal Perspectives on Child
Protection
Iman Jauhari*
Department of Law, Faculty of Law, Universitas Syiah Kuala, Indonesia
https://orcid.org/0000-0003-3790-0259
imanjauhari@usk.ac.id
Zamakhsyari Bin hasballah Thaib
Islamic Education, Faculty of Islamic Studies. Universitas Dharmawangsa, Indonesia
https://orcid.org/0000-0002-3698-3980
M. Jafar
Department of Law, Faculty of Law, Universitas Syiah Kuala, Indonesia
https://orcid.org/0000-0002-4143-8565
TM Ali Bahar
Land Titles Registrar Banda Aceh, Indonesia
M. Jamil
Faculty of Islamic Studies, Indonesia
https://orcid.org/0000-0001-5656-9667
Muhammad Yusuf
English Department, Universitas Sumatera Utara
https://orcid.org/0000-0003-0772-4565
Zaini Dahlan
Department of Young Learners Education, Universitas Islam Negeri Sumatera Utara,
Indonesia
https://orcid.org/0000-0002-9638-7144
Doi: https://doi.org/10.46222/pharosjot.104.417
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.
Open Rubric Open Rubric