ISLAMABAD : Citing prevailing global approaches to child protection, two judicial officers who authored a recently published academic study expressed that Islamic law, particularly the traditions of the Holy Prophet (ﷺ), offers a more comprehensive and holistic framework for safeguarding children’s rights than existing global standards.
The researchers, Dr. Saqib Jawad and Dr. Asim Murtaza Cheema, titled their compelling research article “Child Justice in Contemporary International Law and Islam.” The study appeared in the Social Science Review Archives, Volume 3, Issue 3, on pages 2310–2318 (2025).
In their analysis, the authors examine contemporary international child justice mechanisms, notably the United Nations Convention on the Rights of the Child (UNCRC), the most widely ratified human rights treaty worldwide. While acknowledging the importance of the UNCRC’s core principles – non-discrimination (Article 2), the best interests of the child (Article 3), the right to life, survival and development (Article 6), and the right of the child to be heard (Article 12) – the researchers argue that these instruments fall short of the depth and breadth found in Islamic jurisprudence.
According to the study, Islam not only aligns with international law in protecting children from physical harm, abuse, and maltreatment, but also advances child justice in distinctive ways. One of the key distinctions highlighted is the recognition of pre-natal rights, as Islamic law extends protection to children before birth, whereas most international legal systems commence rights protection at birth.
The research further underscores Islam’s emphasis on holistic child development, encompassing mental, emotional, social, and moral well-being, rather than limiting protection to physical welfare alone. It also points to mandated social and emotional rights within Islamic law, designed to foster moral identity and long-term stability in a child’s life.
Drawing extensively from the Sunnah of the Holy Prophet (ﷺ), the article outlines exclusive child rights embedded in Islamic tradition. These include the right to a good and meaningful name to establish positive identity, charitable rituals at birth such as shaving the head on the seventh day and giving its weight in silver as charity, the right to moral upbringing through good manners and character-building, and parental guidance in major life decisions – such as assistance in selecting a suitable spouse later in life, with the child’s consent.
The authors assert that these principles, historically practiced and proven effective, collectively form a robust and humane system of child justice. They argue that Islamic law presents “the best mechanism for protection of child rights in every society” and advocate for the incorporation of its holistic principles into global child justice frameworks.
The study concludes that integrating these detailed Islamic norms into contemporary international practice could significantly enhance child justice worldwide, offering a more inclusive and morally grounded approach to the protection and development of children across societies.
