The conferences

The childhood in the Islamic Sharia and the International conventions

Introduction:

The children of today are the future of the nation. The loss of one generation of old men leads to the loss of one generation only, but the loss of one generation of the young causes the loss of many generations.  

The watcher of the actuality will notice the sufferings of children in both the Islamic and western worlds. These sufferings are due to the consequences of globalization which carries cultural western concepts which aim at destroying the moral values and standards.      

I. The status of children in the Islamic Sharia and the International Conventions

1. The rights of children in the Islamic Sharia.

َ A) The Moral rights.

-The right to life: children have the right to life as: fetus, newborn child, suckling baby, child (infant).

- The pregnant and the suckling mothers are exempted from some legal charges such as: fasting during the sacred month (Ramadan).

- The newly born children (girls and boys) should be welcomed equally.

- The right to lineage: in order to keep the purity of lineages, the Islamic Sharia legislated the system of tutelage/custody and forbids adoption.

- The right to beautiful name.

- The right to a religious, moral and social education. The prophet -may peace be upon him- said:

«Order your children to pray at the age of seven and hit them at the age of ten (if they do not pray), and separate between boys and girls in beds». [Reported by Muslim].

«O young man! Mention the name of Allah, and eat with your right hand and eat from what is near to you». [Reported by Muslim and the others].

- The right to education (learning)

- The right to nurture.

B) The material rights:

- The right to expense: feeding, clothing, health care and housing…The Almighty Allah said: «…The father, in the fair known way, shall be responsible for their maintenance and clothing…». [Surat Al Baqara/ the Heifer, from the verse 233].    

- The right to inheritance: both the male and the female have the right to inheritance, and no one will be deprived of this right except for a legal reasons.

- The right to gifts: to treat one's children equally (in giving gifts). « No will should be made to an inheritor».

II. The rights of children in the international conventions.

Both the moral and material rights of children are affirmed globally and progressively in the International conventions as it is shown in the following series of Conventions.   

The first series.

1- Children Rights Declaration of the Union for Succoring Children, 1923.

2- The Geneva Convention of Nations League in 1924.

3- The Convention for Eliminating Genocide, 1948.

4- The Declaration of the International Union for Protecting Children, in 1948.

5- The Universal Declaration of Human Rights in December 10^th, 1948:

- Article 01: "All people are born free and equal in rights". It is inspired from the saying of Omar Ibnu Al khatab.

- Article 25: "The motherhood and childhood have the right to particular protection and assistance".

The Second series.

1. The United Nations' Declaration of Child's Rights in 1959.

2- The Special Convention for Contending against Segregation in the Domain of Education, adopted by the General Congress of the United Nations Organization for Education, Knowledge and Culture, issued on 14 December 1960.

3- The Convention of the Low Age of Work and employment, 1973.

4- The Special Declaration for Protecting Women and Children in Wars and in the State of Emergency.

The Third series.

1-The Exemplary Rules for Managing the justice of the minor and the Prisons of Minors such as providing psychological, physical, educative and social help.

2- The Convention of Child's Rights of 1989 which enters into force in 1990 and ratified by Algeria in 1992.

3- The Universal Declaration of 1990 which stipulates that education is the right of all persons.

4- The United Nations Instructive Convention for Preventing Juvenile Delinquency: the principles of Riyadh of 1990.

5- The Declaration of Fighting the Sexual Exploitation of Children of 1996.

6- The convention of 1999 that is concerned with the prohibition of the worst kinds of the work of children and the immediate legal procedures to eliminate them.

Conclusion:

- The Islamic Sharia gives a great importance to child's rights because they are the future of the nation.

- The Islamic Sharia incites to bring up a child in worshiping Allah because they were responsible for calling to His way.

The above mentioned International conventions which dealt with the children's rights are originated in the Islamic Sharia.

- Till now the children all over the world are still living and suffering from a lot of problems. 

return