The Reality of the Child's Right to Identity in Islam And Its Compatibility with statutory laws (Iraq and Iran as Models)

Abstract

This research aims to explore the reality of the child's identity—specifically the girl's identity—in Islam, and the extent to which statutory laws in certain Islamic countries align with it, using Iraq and Iran as case studies. The central research question is: What is the status of a child's identity as one of the established rights in Islam, and how closely do the statutory laws of some Islamic countries conform to this right? The research is based on the hypothesis that Islam grants a comprehensive and multi-dimensional right to identity for children, anchored in a framework of human dignity and respect, and guarantees rights that preserve the child's identity in an integrated manner. The study adopts Islam as a foundational reference and compares it with the Iraqi and Iranian legal systems regarding child identity. The methodology used is inductive and comparative, focusing on Islamic teachings versus statutory provisions in Iraq and Iran. The research yielded several findings and recommendations: Islam provides a detailed and comprehensive framework that aligns the child's innate disposition with their future societal roles—emphasizing religious affiliation, gender affirmation, and upbringing in accordance with their divinely created nature. The right to identity in Islam encompasses three key components: the right to a good name, the right to affiliation and nationality, and the right to lineage. The emphasis on a "good name" in Islam goes beyond formal registration, highlighting the importance of maintaining human dignity. Accordingly, it is recommended that statutory laws, like those in Iraq and Iran, adopt a condition that prohibits registering names with offensive or degrading meanings. Moreover, Islam recognizes an added dimension in the right to nationality—religious affiliation—which statutory laws often mention only in passing. It is recommended that more attention and detail be devoted to this area in civil codes. Islam also establishes the right to lineage and kinship, whether direct (e.g., between child and parents or grandparents) or extended (e.g., uncles, aunts, and cousins). These relationships carry legal consequences such as inheritance, marriage prohibitions, guardianship, custody, and alimony rights. In cases of doubt or denial concerning lineage, the right can be asserted legally in court. However, statutory laws do not address the identity rights of children—especially those born through assisted reproductive technologies—in as much detail as Islamic jurisprudence does. Therefore, it is imperative that civil laws incorporate these Islamic legal details to safeguard the lineage of Muslim children. All relevant authorities and legislative bodies must consider the right to identity for children seriously and work to fill the existing gaps in statutory law in this regard.