The position of a child in the family law of Islam

Abstract

In the Islamic tradition, the family is understood as the basic social unit in which there are two types of ties: marital and parental. The present article concerns what the situation in the family looks like from the perspective of the weakest individuals who need special protection, i.e. from the perspective of children. The considerations lead to the conclusion that a child’s position in the family law of Islam is relative — it depends on its origin. The way of exercising parental authority, as well as the rights and obligations of children within the family, are a manifestation of their subjective treatment, both as weaker beings requiring special protection and care, and as individuals capable of making decisions about themselves, which is expressed in justified cases of disobedience to their parents.