بررسی تطبیقی حق نام‌گذاری کودک در اسلام و حقوق بین‌الملل

Abstract (English)

A child, as a fundamental pillar of human society, possesses basic rights that are emphasized by both Islamic Sharia and international law. One of the most important of these rights is the right to a name, which plays a crucial role in shaping the child’s personal, social, and legal identity. The issue addressed in this study is that the right to name a child, as a fundamental right, involves differences and ambiguities in definition, foundations, and methods of protection across legal systems; thus, the approaches of Islamic Sharia and international law are sometimes aligned and sometimes divergent. The main research question is how a child can benefit from the right to a name within the frameworks of Islamic Sharia and international law. The aim of the study is to conduct a comparative examination of the child’s right to a name in both systems. The research method is analytical–descriptive, based on the study of Islamic sources and international legal documents. Findings show that both systems recognize the child’s right to a name as a fundamental right and emphasize the need to protect it. In Islamic Sharia, naming goes beyond the legal dimension and includes moral, religious, and educational aspects, with selecting a good name being a right of the child and a duty of the parents. In contrast, international law emphasizes legal identity, birth registration, and the prevention of statelessness. Despite differences in approach, both systems share a common commitment to recognizing and protecting the child’s right to a name.

English