The Theory of Indemnity of Non-physical Detriment Inflicted upon Children

he lack of physical, intellectual and psychological growth of children substantially increases his/her vulnerability to injury. Thus, special methods of support have been foreseen for their protection in religious teachings, educational institutions, legal systems, international rights as well as the rules and regulations of countries. The protection of children’s corporeal and incorporeal rights foremost requires the recognition of their applicability. Children’s incorporeal rights are rights that in a way concern their identity and the development of their psychological and mental personality. The right to nationality, genealogical rights and the right to education and training are some of a child’s incorporeal rights. Recognizing these rights in the realm of Islam’s teachings on training and law, the writer considers the encroachment and infringement of children’s incorporeal rights as the source of worldly and heavenly as well as moral, civil and penal responsibilities. Drawing upon the principle of there shall be no loss or injury in Islam, the writer eventually gives the theory of indemnity for non-physical detriment upon children.