Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Research Article: 2022 Vol: 25 Issue: 6

Rights of Children in Islamic Perspective and Child Abuse in Pakistani Society Causes and Remedies from Islamic Teachings

Muhammad Umar Riaz Abbasi, National University of Modern Languages

Muhammad Saeed, National University of Modern Languages

Hafiz Musannif Shah, Abdul Wali Khan University

Iskandar Muda, Universitas Sumatera

Zaafour Abderrazak, University of Almeria

Nazar Farid Ahmed, Islamiat Division Public School & College

Citation Information

Abbasi, M.U.R., Saeed, M., Shah, H.M., Muda, I., Abderrazak, Z., & Ahmed, N.F. (2022). Rights of children in Islamic perspective and child abuse in Pakistani society causes and remedies from Islamic teachings. Journal of Legal, Ethical and Regulatory Issues, 25(S6), 1-7.


In many civilizations, what is deemed abusive in one society is considered acceptable in another. This article aims to look into Islamic beliefs on child abuse and protection. The findings show that the Quran and Hadith contain rules for excellent parenting. Islam also provides extensive guidance on children's rights. To protect and safeguard the rights and welfare of children, Islamic law demands not only practical legal consequences but also substantial religious, moral, and social measures and obligations. These concepts are the focus of this study. Ultimately, the goal is to adapt the practice to work within regions of alignment and convergence whenever possible. This report lays the groundwork for future research, policy, and training.


Protection, Cross-Cultural Islamic Teaching, Child Abuse


Children are given to their parents as a gift from God. Parents should be able to care for children and raise them with love and affection as a gift from God (Byrne et al., 2018). Children are helpless in the face of the repercussions of their behavior. As a result, parents should always assist their children in making decisions that are appropriate for their physical and mental growth (Khoshgoftar et al., 2021). A parent or person in charge of raising a kid is said to be capable of creating the optimal environment for the Child's physical, mental, social, and spiritual growth. Depending on where they are on the developmental continuum, children have various requirements that must be satisfied. It's never easy to understand your Child's needs. Children have a variety of demands, ranging from appropriate social learning to harmonious social interactions that aid in their psychosocial development (Hart, 2013). Meeting children's spiritual needs is considered an excellent contribution to developing children's coping mechanisms for societal challenges like poverty and maltreatment. Also, fulfilling spiritual needs is just as vital as meeting physical requirements. All of these requirements are unrelated and must be completed simultaneously. For a child's healthy development, one condition should not be sacrificed at the expense of other needs. The most acceptable parenting practice is based on a clear grasp of what is in the Child's best interests (Fontes, 2002). As a result, every decision concerning raising a child must be made in the Child's best interests, not the parents' or the community's.

To some extent, however, the concept of the Child's best interests often serves as a foundation for parents to overstate their influence over their children to legitimize it. As a result, children are left susceptible to abuse in the home and the community (Death et al., 2019). The transmission of children from childhood to adulthood raises a slew of socioeconomic challenges. These concerns illustrate the complex interaction between a child's inherent psychological development and the social context in which they grow up. Based on his limited understanding, a growing child is more inclined to perform social experiments. They frequently engage in these everyday actions without giving much thought to the repercussions (Patel et al., 2018). As a social group lacking critical thinking abilities and unable to care for themselves, children are frequently among society's most vulnerable minorities. Children's mental immaturity makes it more difficult for them to handle difficulties independently, especially in today's fast-changing, risk-filled world. As a result, child abuse can occur in virtually any country or culture. Child abuse is viewed differently in different cultures and societies (Pimentel, 2012). This is because each culture has ideas about what constitutes optimal parenting and parenting practices. "Culture influences child protection practice in two key ways," Yvonne says. For starters, cultural considerations of child abuse and protective behaviors are important (Chamberlain et al., 2020). Second, the breadth of professional reactions to abuse is influenced by culture.

A cross-cultural framework is nearly impossible to propose in an excellent education. On the other hand, this cultural relativism may make it more difficult to mainstream children's rights at the local, national, and global levels. On a broad level, child protection and the overarching concept of Islam influence social work practice in Muslim communities. Several academic books describe Islamic views for child protection. There is scant instruction in English-language sources on putting these principles into practice. This essay aims to help social workers better understand Islamic perspectives on child protection to be more engaged and effective. A systematic review of the literature on child protection in Muslim communities was conducted. The applicability of key guideline texts to this topic was investigated. The relevance and applicability of Sharia law and Islamic ideas are demonstrated through religious writings. Using Islamic literature to highlight common ground in social work and child protection is critical for creating partnerships with children and their families. This article deals with a severe but delicate topic.


This article aims to assess the level of understanding of Children's Rights from an Islamic point of view and Child Abuse in Pakistani Society Causes and Remedies from Islamic Teachings. This study is essential for understanding administration and reforms according to the perspective of the Quran and sunhat. As a result, the following research objectives guided this study:

1. Check the extent to which Islamic laws and rules practices are implemented.

2. Investigate the problems and challenges of an effective protective society.

3. Examine how Child Abuse in Pakistani Society Causes and Remedies from Islamic Teachings while ignoring class, caste, race, and religious divisions.

4. Investigates Rights of Children in Islamic point of view.

Research Method

The study is primarily qualitative. To address specified research questions, an investigation Rights of Children in Islam according to Islam are critically examined. Existing literature such as books, research articles, reports, electronic and print media stories, and editorials is systematically reviewed to make research more representative and relevant. Focused group conversations with professors and researchers from universities have also been arranged as part of the project. This is done by extrapolating the Prophet's storey from the Noble Quran and Noble Hadith. There is a need to establish Islamic law and develop an integrated approach that benefits society while lowering the degree of catastrophic losses due to the gap between empirical and descriptive research in management.


During collecting data to produce theories through the collection, compilation, and analysis, the theoretical samples for this study were gathered from the noble texts of the Quran, Hadiths of the Prophet, and stories of the Prophet. The theory progressively emerges in tandem with the data.


To construct a theory, the researchers analyzed the noble text of the Quran and the content of the Prophet's Hadith. They deduced suitable management methods and the procedures required to manage these contents based on Islamic methodologies. The Quran and Hadith texts were collected from the Prophet's Hadiths, then organized and classified, qualitatively analyzed their content, extracted topics and answered research questions. The research findings were presented by the Book of God and the Prophet Muhammad's Hadiths. Because the researchers in this study offered a rich and complete account of the research setting and methodology, qualitative research's transferability indicates that the data discovery and interpretation can be transplanted to other similar circumstances. As a result, readers of the study may profit from disseminating this research's findings in similar situations.

Analysis of Data

The researcher of this study uses a theoretically valid method. Using this method, they collect and assess data at the same time. The information is divided into two parts; the first includes Quranic texts and hadith materials from the Prophet's Hadith. It helps to build categories and subjects, which improves the theories that arise from the data. The second volume offers analysis ideas. The researchers in this study keep going until they reach theoretical saturation, which implies that there is no new information in the data and that the concepts that have been recognized clearly and accurately for theory building have been validated. The primary goal of this notion is to ensure understanding of the Rights of Children from an Islamic point of view and Child Abuse in Pakistani Society Causes and Remedies from Islamic Teachings.

In Islam, children have fundamental rights.

Children's Rights In Islam

In Islam, a happy, inspired childhood is something to look forward to, desire, and aspire to. The harvest is the happiness of the heart, the joy of the heart, and the lift of the chest when the long-awaited hope is realized. Offspring is a gift from Allah Almighty to his devoted slaves, according to the Qur'an. This is the almighty bounty, one of the nobles' gifts to them. It also brings the fulfilment of the hope of Allah's genuine and believing servant. It's no surprise that Sharia law prioritizes ensuring all necessary conditions for an excellent psychological climate in children's education, i.e., the environment in which they learn about the world and establish conventions and standards. As a result, Islam affirms:

1. Children have the right to a healthy start in life.

2. Children's rights to their family, parents, names, property, and inheritance.

3. Children's entitlement to proper nutrition and health care.

4. Children's educational and skill-building rights.

5. Children have the right to a dignified and secure existence.

6. Children have the right to expect society and the government to support and safeguard their rights. All of these rights are spelt forth in Sharia law, as demonstrated by the wonderful Qur'an and the Prophet Muhammad.

Child Abuse in Pakistan

Child maltreatment and neglect are essential issues all around the world. The UN Convention on the Rights of the Child (UNCRC) is the most widely known Convention for child protection globally. Despite widespread agreement on the importance of safeguarding children from harm, the subject is delicate, and coping mechanisms are frequently debated (Lundy et al., 2013). The Muslim community is becoming aware of tensions, misunderstandings, and resistance to the UN Convention on the Rights of the Child's unconditional adoption. Different cultures have diverse attitudes towards conservation issues exacerbates the dilemma (Munro et al., 2011). Social work must address these critical challenges as the primary professionals involved in child safety. Physical, sexual, and emotional abuse and neglect of a kid by a parent or guardian are known as child abuse. Child abuse is not often perceived as being done by parents, who are supposed to be the world's protectors, architects, and most loving people for children. Many people feel that abusive parents have mental illnesses. According to studies, only 11.5% of people suffer from mental diseases due to child abuse (Fang et al., 2015). According to the Daily Times, a survey by the non-governmental organization Human Rights and Legal Aid Lawyers (LHRLA) found a 280 per cent increase in child abuse in Pakistan over the last five years based on newspaper analysis. In 2004, the number of cases reported by the media increased from 4,500 in 2020 to 1,800. Abuse of children in various forms Physical and emotional abuse of children go hand in hand, as we've witnessed. We discussed child marriage in the last section, and it is a well-known truth that children are also sold by their parents for financial reasons. Any rational person would be shocked by the storey of the three-year-old camel jockey who was trafficked from India and Pakistan (Gailey, 2021). The most common abuse of the body of physical abuse is sticking (Jewkes et al., 2018). It's not only for partners, either. Even if they are mere onlookers, this can enrage the family's youngsters. It'd be considerably worse if they were also the victims of parental abuse. Children are frequently subjected to recurrent abuse in yelling, threats, insults, or hostile comments (Herrick and Thomas, 2021). According to a study of 300 parents in Lahore, Pakistan, 84 per cent of them mainly used slapping or kicking as corporal punishment. Sticks, belts, and other tools were used by about 3.5 % of respondents. Getting married as a child As the term implies, child marriage is frequent among the rural and tribal poor, and it appears to be a form of violence against young couples who marry as early as five or six years old, if not younger (Nasrullah et al., 2014). The motives for these weddings could be financial (when children are sold in marriage), trade for Watta satta, compensation for family members' wrongdoing (Swara), tribal rituals, or simply a desire to see the girl settle down as soon as feasible.

Abuse of the Emotions Incarceration, such as putting children in dark closets, and social isolation, such as refusing to let children be friends, are two more forms of emotional abuse. Anger and distress should be the natural reactions to such mistreatment. Children, however, are forbidden to vent their fury since they cannot feel their agony alone. They must bury their feelings, repress all traumatic memories, and idealize people who have been abused because they are in this toxic atmosphere. According to the Department of Social Welfare, 10,000 children abandon their homes after being abused or tortured by instructors, parents, or other family members. Based on data collected in eight districts in the North West last year, an investigation by the NGO Coalition for the Rights of the Child (NCCR) found that 404 children fled their homes to avoid abuse by family members and teachers (Matheka, 2011). The most common kind of child maltreatment is neglect. This type of emotional abuse can ruin a child's self-esteem. Physical decay occurs when a parent fails to provide adequate food, clothing, shelter, or medical care to their Child. Inadequate supervision and a frequent failure to protect children from harm or danger can also be factors. When a parent or caregiver fails to address a child's basic emotional and comfort requirements and encourages them to commit a crime, this is known as emotional neglect (Lindsey, 2020)—depriving a child of his fundamental right to education, whether by refusing to send him to school or enabling him to skip school, is another type. The mother permits this behaviour in the middle and lower classes without the father's awareness. Neither of these approaches fixes the problem and frequently leads to youngsters dropping out of school.

Legislation for the Protection of Childs

The method for registering a complaint with the police for a recognized offence in Pakistan is outlined in Section 154 of the Criminal Procedure Act (1898). Victims have access to a police station 24 hours a day, seven days a week, and can file a free First Information Report (FIR) under Section 154. A verbal report made over the phone can also be used to charge the victim. The officers of the law Verification of these reports could also lead to legal action in an FIR. The law would take effect, and an investigation would commence only when the FIR is filed. The case is transferred to the prosecutor's office for evaluation after the investigation is completed and then to the court, determining the claim based on the available evidence.

The most important step taken by the current administration is to boost women's representation in representative bodies (33 per cent), from the Council to the National Assembly. This significant shift is likely to have a significant positive impact. The Prime Minister's Women's Welfare Adviser is also concerned about these concerns as a woman. Because every journey starts with the first step, which has been taken in one of the four provinces by enacting the Domestic Violence Act. In the Punjab Parliament, a Private Domestic Violence Bill was recently proposed. To address this unfairness, the measure only requires broad support for fiscal, judicial, and parliamentary flexibility and open legal accountability (Beggs et al., 2021). The bar has yet to be enacted.

The most recent development on this subject was an honour killing bill passed on December 31, 2004. The law, which altered the Pakistani Penal Code, was thoroughly debated before and after it was given. Under the Child Marriage Restriction Act of 1929 (CMRA), child marriage is illegal. Even though the CMRA prohibits child marriage, it is permissible for a person married to an adult, the person presiding over the wedding, and the kid's guardian/parent. A conviction under this statute does not result in the dissolution of a marriage. Governments pledge to preserve all children's social, economic, civil, and political rights by ratifying the Convention on the Child's Rights. Children are protected not only against abuse of state authority while in the care of "parents, legal guardians, or any other person has custody of the child," but also from any form of physical or mental violence or abuse, including in schools, according to the Convention on the Rights of the Child. According to the Convention on the Child's Rights, every Child has the right to appropriate education and a decent quality of life (Welbourne and Dixon, 2016). It establishes a child's right to be free from sexual abuse, exploitation, and the use of illegal drugs. It commits states to safeguard children from economic exploitation and jobs that could affect their education or health. Articles 28-2 and 37 of the Convention on the Rights of the Child indicate unequivocally that children in the care of their parents or others are protected from physical and psychological abuse. "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment," declares Article 37 of the Convention on the Child's Rights. Pakistan has joined the Convention on the Rights of the Child, which expressly outlaws corporal punishment (Todres, 2019). The Justice Department seems adamant about passing the bill. Parents and teachers must be educated in child psychology to combat child abuse.

Concluding Remarks

Children are seen as blameless, sinless individuals in Islam. The special rights distinguish this status it grants them. Specific categories of youngsters have increased risk factors, according to Islam. On the other hand, Islam acknowledges that every Child is susceptible to abuse. It could be their parents, family, or community. As a result, Islamic child protection works to protect children's lives and healthy development so that they can grow up to be responsible individuals. Islamic perspectives on child protection cover at least two broad categories. They make child protection a holy obligation of parents, and the community's social role is to safeguard vulnerable children with higher risk factors. The Islamic concept of child protection in the home appears to be underappreciated.

Furthermore, given the global prevalence of child abuse, the majority of which happens in domestic settings and is perpetuated by the Child's family, the Islamic position on child abuse and protection has to be thoroughly investigated. Many dangers can put youngsters in jeopardy. When it comes to child protection from an Islamic perspective, many Muslim parents may not understand how child abuse occurs or how to protect their children from it, leading them to treat their children inappropriately.

Domestic violence and child abuse are two of Pakistan's most under-discussed legal issues. This number of incidences of domestic violence is startling, and there is no way to quantify it because no detailed information or data is accessible. Every mistreatment within the four walls of one's home is deemed outside the scope of the law. The abuser uses cultural and religious ideas as a cover for the legalization of abuse. The beautiful prohibition on social acceptance can be interpreted in various ways, including hitting and physically assaulting lovers and children. According to Human Rights Watch, domestic violence is a systemic problem rather than a causal problem. On the subject of violence, "crime or custom?" In a causative analysis, the family structure creates or legitimizes behaviour, emotions, or phenomena regarded as a cause of domestic violence. This family structure is "a structure reflected and affirmed in the social structure, in which women's (and men's) subjugation and men's (and women's) violence are weapons to maintain this balance of power." Use it if you want to change the structure. "People need to modify their ways," Tanzanian High Court Judge Nathalie Kimaro stated. "Attitude" (in response to the inquiry)".

It is critical to bring the abuse of their partners and children by their parents and guardians to the public's attention and hold them responsible. Designing an integrated system can help with this challenging task. Social media strategy all of these programmers are meant to make people aware of how to follow existing and new rules correctly. The government's and political parties' political will is essential. Fundamental rights are not being respected. The dilemma is centred on the people guaranteed by the Constitution, not on a lack of what is in the Constitution. Domestic Abuse and Child Abuse in Pakistan: The Penal Code". The treatment of offenders and their protection, rehabilitation, and reintegration is the most important thing that people ignore in the intermediate period, the state and society intervene. This procedure must begin as soon as feasible. This is achievable with the active cooperation of social welfare bodies, departments, and the general public. It's time to get started. To save Pakistan's future generations, solve this problem through war. Pay no attention to the authors. The issue will recur if the majority agrees.


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Received: 26-Apr-2022, Manuscript No. JLERI-22-11640; Editor assigned: 29-Apr-2022; PreQC No. JLERI-22-11640(PQ); Reviewed: 15-May-2022, QC No. JLERI-22-11640; Revised: 21-May-2022, Manuscript No. JLERI-22-11640(R); Published: 26-May-2022

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