حقوق الطفل في الشريعة الإسلامية والقانون البروناوي

Abstract

Rights are related to the personal benefit or thebenefit of the society in general. The children’s rights are very important because it is the beginning of rights that received by a human. there might be some of parents or guardians of children who ignore the implementation of the children’s right which are should be get in their lives and there might be some of parents or guardians who are lack of knowledge of the wisdom and privileges contain in the children’s rights. This study aims to provide insight and understanding of what is meant by the rights of the child in accordance with Islamic law and Brunei law which is in Brunei Law only focus children’s rights that have in Syariah Court in Brunei Darussalam. Indeed, children’s rights are very important and in this study will research only a few of children's rights. It is include the rights of children before they are born and after birth. From this, the researcher has divided this research into three major parts, the first part is to explain an introduction which is includes understanding the meanings of child, rights and their membership in a particular matter. The second part is to explain the rights of the child before birth according to Islamic law and Brunei law and comparison both of them and the third part will explains the rights of the child after birth according to Islamic law and Brunei law and comparison both of them. This study ‘s reference are from old and new Islamic books and Brunei law which are used in the Syariah Court of Brunei Darussalam and all of this are found through the library of Universiti Brunei Darussalam, Universiti Islam Sultan Sharif Ali, library of Mufti Depertmaent and library of Syariah Court of Brunei Darussalam. The author also met with one of the officers and one of the assistant registrar of the Syariah Court of Brunei Darussalam. From this study it was found that a child is a weak person and need someone, especially those who are close to them to ( parents and their guardians ) safeguard their rights so that they can become a righteous person, healthy and useful, because they are the future generation. And for every children's right has a lot of wisdom and privileges that can make the child a person who had package of good behaviour.