A Comparative Study of the Right to Education of Children in Imami Jurisprudence and the Convention on the Rights of the Child

Abstract

The right to education is one of the most fundamental human rights, rooted in the inherent dignity of the human person. This right has been emphasized not only in international legal instruments but also in religious and jurisprudential sources. Using a descriptive-analytical method, the present study conducts a comparative examination of the perspectives of Imami (Ja'fari Shi'a) jurisprudence and the Convention on the Rights of the Child regarding children's right to education. The objective is to identify the points of convergence and divergence between these two intellectual frameworks and to explore the possibilities for their mutual compatibility and development. From the perspective of Imami jurisprudence, the importance of educating and nurturing children from an early age is clearly evident through references to Qur'anic verses, traditions (hadiths), and the opinions of jurists. Education is viewed not merely as a right of the child but also as a responsibility incumbent upon parents and the government. In contrast, the Convention on the Rights of the Child (United Nations, 1989), emphasizing the principles of equality, freedom, and human dignity, recognizes education as a universal, inalienable right that states are obligated to guarantee. This study demonstrates that although differences exist between Imami jurisprudence and the international human rights system in terms of structure and underlying foundations, both approaches emphasize the importance of education as a key factor in the development of the child's personality, the improvement of quality of life, and the realization of social justice. Furthermore, the study highlights the potential of jurisprudential capacities to facilitate the localization and implementation of the Convention's provisions within Islamic societies. The findings of this research may assist educational policymakers, legislators, legal scholars, and social reformers in adopting a comprehensive and integrated approach to children's educational rights.