حقوق الطفل في الفقه الإسلامي والقانون البروناوي

Abstract

The issue of this study is regarding there are some among people in society, especially parents who do not understand the children’s rights accurately so that some neglect its implementation, thus causing injustice to children. Therefore, the writing of this study aims to explain in detail about the understanding the meaning of children’s rights according to Islamic Fiqh and Brunei law. In fact, these children's rights are so many but in this study will only focus on three important children's rights that are often overlooked namely hadhanah rights, maintenance rights and educational rights. From this, the researcher has divided this study into three major parts; the first part is about the understanding of children’s rights according to Islamic Fiqh and Brunei law. While the second part describes the three children's rights mentioned above, according to Islamic Fiqh and Brunei law. The third part explains about the guarantee to protect the children’s rights in Islamic Fiqh and Brunei law. The methodology of this study was produced by inductive method and descriptive analysis. The inductive method is handled by extrapolating the references and sources on this topic. It also depends on the descriptive analysis method in relation to the opinions of Muslim jurists and scholars regarding children’s rights. Thus, the method of analyzing the content performed on the reference of Islamic law texts can produce a comprehensive understanding of the main focus of writing. From this study it was found that parents or guardians must fulfill their responsibilities to their children from birth until the children reach an adult age category that is beyond the age limit of puberty. Every explanation unraveled through this study is something that benefits everyone because it proves that the provisions in Islam do not occasionally ignore the children’s rights, in fact, they are always celebrated and given priority in most aspects of life.