The Role of Islamic Economic Principles in Family Law: A Study on Inheritance and Property Rights within the Context of Child Protection

Abstract

This study examines the role of Islamic economic principles in strengthening child protection through family law, with a particular focus on inheritance distribution and property rights. Rooted in the Qur’anic framework of mirath (inheritance), Islamic family law guarantees fixed and enforceable shares to children, ensuring their financial security after the death of a parent and preventing wealth manipulation by relatives or guardians. Complementary mechanisms such as zakat, waqf, and mahr further extend economic protection by supporting the welfare of orphaned and vulnerable minors and reducing the financial pressures on families during periods of instability. Using a comparative legal approach, this research analyzes child protection systems in Pakistan and Indonesia—two OIC countries with hybrid legal structures combining Islamic and civil law—to identify strengths, gaps, and policy challenges. The findings indicate that while Islamic law provides robust protections in theory, implementation barriers arise from informal family practices, insufficient judicial oversight, and limited institutional coordination. The study argues that improving governance of inheritance management, guardianship, and Islamic welfare institutions can significantly enhance national child protection outcomes. It concludes that the harmonization of Sharia-based economic tools with contemporary legal frameworks offers a viable pathway for ensuring not only equitable property distribution but also long-term financial dignity and developmental support for children in Muslim societies.