الحقوق الشرعية للأطفال اللقطاء: دراسة مقارنة بقانون بروناي

Abstract

This study aims to find out the legal rights of adopted children. The study contains an introduction, three chapters, and conclusions. The introduction of the study covers the importance and rationale of the study. The content of the first chapter is to know the meaning of the words ‘rights’ in terms of language and terminology, to know what is meant by ‘abandoned child’ as well as the reasons for its existence and its impact on society. While the third chapter is to know the legal rights of abandoned children through the efforts made by the government of Brunei Darussalam in safeguarding and guaranteeing the rights of abandoned children in accordance with Islamic law and the law that has been allocated in the country. This paper is also to identify the authorities responsible for providing welfare assistance to abandoned children, and the formal procedures embedded in Brunei Darussalam law for caring for children whose parents are unknown. The conclusions include the main results of the study, such as: (i) how Islamic law is superior to other international treaties demanding human rights and the rights of the child, (ii) the Government of Brunei Darussalam has pioneered this field, for taking from Islamic law as basis in rules and transactions, (iii) the rules and regulations set by the government of Brunei Darussalam include: (a) Islamic law obliging the protection of children and prohibiting leaving them vulnerable to danger or death, (b) the guardian or wali 'amri is responsible for the care of these children and ensuring that their rights are exercised, (c) the government has also established certain conditions for those who wish to provide custody to the child left with further action which continues to ensure that he is well taken care of psychologically, physically, and morally, (d) develops solutions that limit the line of this social phenomenon and overcome it from a valid perspective.