The Role of Islamic Economic Principles in Family Law:
A Study on Inheritance and Property Rights within the Context of Child Protection
Faheem Ullah Al-Azhari, Syed Hassan Mahmood Shah, Sajid Iqbal Al-Azhari, Faiz Rasool, Riyaz Ahmed, Abdul Samad, Anees Rehman
Affiliations: Al-Azhar University (Cairo, Egypt); University of Mianwali (Pakistan)
Abstract
This study examines the role of Islamic economic principles in strengthening child protection through family law, with particular focus on inheritance (mirath) and property rights. Islamic family law guarantees enforceable shares for children, ensuring financial security and preventing wealth manipulation.
Using a comparative legal approach, the research analyzes Pakistan and Indonesia as two OIC countries with hybrid legal systems. The findings reveal that while Islamic law provides robust child protection mechanisms, implementation challenges persist due to informal practices, weak oversight, and limited institutional coordination.
Keywords: Islamic family law; child protection; inheritance (mirath); zakat; waqf; guardianship; property rights; Pakistan; Indonesia
1. Introduction
Islamic economic principles form a foundational pillar of the Muslim family system, balancing moral responsibility with financial justice. Mechanisms such as zakat, mahr, mirath, and waqf were designed to safeguard vulnerable family members, particularly children, from economic neglect and exploitation.
2. Methodology
This study employs a comparative legal approach, examining Islamic family law in relation to international child protection standards. Case studies from Pakistan and Indonesia are analyzed alongside Qur’anic provisions, Sunnah, and classical and contemporary fiqh literature.
3. Islamic Inheritance Law (Mirath) and Child Protection
Islamic inheritance law represents a highly structured system that guarantees fixed shares for heirs, including minors. Qur’anic provisions prevent arbitrary exclusion of children and protect orphans from exploitation through strict guardianship rules.
4. Case Studies: Pakistan and Indonesia
Pakistan applies Islamic inheritance rules through statutory instruments such as the Muslim Family Laws Ordinance and the Guardians and Wards Act, while Indonesia implements Islamic law through the Compilation of Islamic Law and religious courts. Both systems demonstrate strengths but face enforcement challenges.
5. Zakat and Waqf as Instruments of Child Protection
Zakat and waqf function as complementary economic tools that extend child protection beyond inheritance. Zakat provides immediate relief for orphans and vulnerable children, while waqf ensures long-term support through sustainable charitable endowments.
6. Guardianship and Property Management
Islamic law treats children’s inherited wealth as a trust (amanah). Guardians are legally accountable for preserving and investing minors’ assets until maturity. Judicial oversight plays a central role in preventing financial abuse.
| Policy Recommendation | Intended Benefit |
|---|---|
| Digital registration of inherited property | Prevents confiscation and informal redistribution |
| Mandatory court supervision of guardians | Reduces financial abuse |
| Periodic reporting requirements | Ensures accountability |
| Professional Islamic asset management | Preserves and grows minors’ wealth |
| Linking inheritance with education planning | Supports holistic child development |
7. Conclusion
Islamic economic principles embedded in family law offer a comprehensive framework for protecting children’s financial rights and dignity. The challenge lies not in reforming Sharia but in strengthening its implementation through institutional capacity, transparency, and legal awareness.
References
All references are presented in accordance with international academic standards as listed in the published article.