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dirasah taqwimiyah fi daw' al-fiqh al-Islami
Huquq al-tifl fi al-qanun al-Maldifi : dirasah taqwimiyah fi daw' al-fiqh al-Islami (Electronic resource)
International Islamic University Malaysia
al-Jami'ah al-Islamiyah al-'Alamiyah bi- Maliziya
This research is a comparative study of Islamic jurisprudence and Maldivian Law concerning the protection of the child rights. The study aims at expounding child rights at two stages: before birth, that is the embryonic stage, and after birth, that is the stage of childhood until the child reaches puberty. The research also aims at bringing into focus the contribution of Muslim jurists and Islamic juristic legacy regarding the protection of child rights and to show the superiority of that contribution in contrast with positive secular laws. The researcher undertook the task of gathering the materials scattered in different sources and references and classify them according to the topics and issues of the research. Two methods have been employed in conducting the research: 1 the inductive method has been used to collect and survey the relevant data pertaining to Islamic juristic texts and the views of the Muslim jurists on the subject. 2 The analytical method has been used to examine those texts and views and compare them with the Maldivian Law. The research has found that child rights in Islamic Law (the Shari‘ah) are many and multifarious. Some of them are associated with the mother and consist of the rights that the mother is more capable to satisfy. Some are associated with the father as he is more capable to guarantee. Other rights come under the purview of the rulers; that is, from the religious point of view the Islamic state also shares in the responsibility towards child rights in terms of taking care of those who do not have a guardian or custodian and maintain the destitute. Islamic Law has obligated material and non-material rights for the child originating before his birth and concerning his upbringing, physical health, mental development, cultivation of his conscience and morality until he reaches the age of puberty and legal obligation (taklif). It has also established his for proper name and true lineal association (nasab). It has forbidden adoption and required the nursing of the child. The Shari‘ah has equally emphasized the rule of equality among the children, males and females, and made it imperative that should be treated with care and provided with the adequate spiritual education in order to protect them against deviation from good Islamic norms and virtues. The research has also found that the Maldivian Law does not provide clear and detailed provisions on child rights as is found in Islamic Law. Many of those rights are not even spelled out in that law; it appears that it relies on the Shāfi‘i School for those rights that are not mentioned in the law or that it has confined itself to only those rights that have explicitly spelled out in the textual sources of Islamic Law.
"Bahth takmili muqaddam li-nayl darajat Majistir fi 'Ulum al-Wahy wa-al-Turath (Qism al-Fiqh wa Usul al-Fiqh)."--On t.p.
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Thesis (M.A.) -- International Islamic University Malaysia, 2006