Children’s rights, international human rights and the promise of Islamic legal theory

Abstract

Dejo Olowu looks at religion and its socio-legal implications. He observes that there has been a noticeable growth in the number of writers exploring possible linkages between Islamic legal theory and an international human rights ethos.

The article focuses on dimensions of Islamic legal theory pertaining to the rights of children and, more particularly, the potential of this theory to reinforce the understanding of children’s rights within the context of international human rights. While dealing with issues broadly, it evaluates Islamic legal understanding of the rights of the unborn child in some detail, arguing that the Sharia includes not only law but also religion and ethics, thus offering a multidimensional approach covering the total personality of the child. Moreover, Islam provides enforceable sanctions as well as religious and social measures to promote the welfare of the child. Islamic law, it is concluded, contains extensive provisions that can reinforce global advocacy for the promotion of the rights and welfare of children.