اللقيط في الشريعة الإسلامية والقانون

Abstract

Care for abandoned children is an important issue in society that requires special attention in terms of law and Islamic Sharia principles. In this context, this study focuses on the Islamic approach to caring for abandoned children and how civil law aligns these principles to ensure the protection and welfare of the children. Abandoned children face various challenges such as lack of protection, neglected rights, and limited future opportunities. This issue is exacerbated by weaknesses in the legal system and inconsistent enforcement. There is an urgent need to understand how Islamic Sharia and civil law can work together more effectively to address this issue. This study aims to: Examine the principles of Islamic Sharia related to the care of abandoned children, Analyze civil laws related to child protection. Compare and identify the alignment and differences between Islamic Sharia and civil law in the context of caring for abandoned children. Provide recommendations to strengthen the system of care for abandoned children through the integration of Sharia principles and civil law. This study uses a qualitative approach with literature analysis and document review as the main methods. Primary and secondary sources such as Sharia texts, civil laws, academic journals, and relevant organization reports will be analyzed to gain a deep understanding of this topic. The findings show that Islamic Sharia places a strong emphasis on child care, with principles such as children's rights, community responsibility, and welfare protection. Civil law provides a clear framework for child protection but sometimes faces implementation challenges. There are several aspects where Sharia principles can strengthen civil law, particularly in terms of community responsibility and family institution. This research contributes to the literature by providing a comprehensive analysis of the care for abandoned children from the perspective of Islamic Sharia and civil law. It also offers practical recommendations for policymakers and legal practitioners in efforts to strengthen the system of care for abandoned children. Additionally, this study encourages interdisciplinary dialogue and collaboration between Sharia institutions and civil law to ensure the welfare of abandoned children and fully protect their rights.