A Comparative Analysis of the Principle of the Best Interests of the Child in Imamiyyah Jurisprudence and the Convention on the Rights of the Child: A Conceptual Reconsideration in Light of Human Rights Developments

The principle of the “best interests of the child” is a fundamental concept in child rights discourse, especially as articulated in the ۱۹۸۹ Convention on the Rights of the Child. Although this exact term is not explicitly mentioned in Shi'a jurisprudence (Fiqh of the Imamiyyah), various Islamic legal principles such as the rule of no harm, the rule of no hardship, restricted guardianship, and the inherent dignity of the human being collectively support its foundation. This article aims to conduct a comparative analysis of the foundations of the child’s best interests in Imamiyyah jurisprudence and the Convention on the Rights of the Child. Findings indicate that both frameworks recognize the primacy of the child’s best interests over competing interests; however, they differ significantly in methods of determination, the child’s role in that process, and implementation mechanisms. Imamiyyah jurisprudence, with its inherent potential, can evolve toward a more child-centered framework by institutionalizing child participation, utilizing interdisciplinary expertise, and embracing dynamic jurisprudential reasoning. This study employs a descriptive-analytical approach, analyzing religious and legal texts, international conventions, juristic commentaries, and official UN interpretations, and compares the similarities and differences between the two systems.

کلیدواژه ها:

Best interests of the child ، Imamiyyah jurisprudence ، Convention on the Rights of the Child