CHILDREN PROTECTION

Serba Serbi Pendidikan -- Every year the number of cases involving child shows an increase drastically. The various types of cases were happened to Indonesian children. How many children in our country got physical, physiological and sexual abuse, negligence and exploitation. Everyday how many children become victims of trafficking1, broken home or instability of family, commercial sexual exploitation and underage children work in vulnerable situation. Those reflect the lack commitment of government generally and specially the society to protect the rights of children.

In international scale discourse of children protection3 appeared firstly after world war I as a reaction of the suffering that appear was caused by war, most important what experienced by the women and also children. Then, up to 1924 for firstly Declaration on the Rights of The Child were adopted internationally by the United Nations and then was known as Geneva Declaration, and finally on 20 November was celebrated as International Children’s Day for first time in 1989 or the 65th anniversary of Declaration of The Rights of The Child adopted and then we know it become Convention on The Rights of The Child (CRC). Indonesia had ratified4 it with Presidential Decree No.36/1990 dated 25 August 1990. And in the implementation of it UN established The United Nations Children’s Emergency Fund (UNICEF) as institution that concern in children issue.

However, after establishing a special institution to take care of children, it does not make the number cases of children decreased. Even day after day it more varied. It is like an iceberg seems little but in fact is more than it and all problems need solving to save the children.

In the Qur’an has been much mentioned about children protection:

“Allah has not made for a man two hearts in his interior. And He has not made your wives whom you declare unlawful your mothers. And he has not made your adopted sons your [true] sons. That is [merely] your saying by your mouths, but Allah says the truth, and He guides to the [right] way(4). Call them by [the names of] their fathers; it is more just in the sight of Allah. But if you do not know their fathers - then they are [still] your brothers in religion and those entrusted to you. And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever is Allah Forgiving and Merciful (5).

Those verses were used as theological argumentation to forbid for adopting children. Which this verse is sent down to give answer of ridicule of Jewish to prophet Muḥammad PBUH when marry to Zaenab binti Jahasy the widow of Zaid bin Ḥarīṡah. Zaid bin Ḥarīṡah is a slave who is liberated by Prophet Muḥammad PBUH and adopted as his children. They said “Muḥammad married the wife of children whereas he forbids his ummah to do it”. Then come down verse above.

As for the causes Prophet adopted Zaid is before his prophetic. When Zaid with his mother are in his uncle’s home from Bani Thai, immediately they are attacked by one of qabīlah of Arab, deprived their property and detained their children, including Zaid. The Zaid is brought by the trapper goes to Makah, then be sold as slaver and be bought by Khadijah binti Khuwailid. After our prophet get married to Khadijah and know the smartness of Zaid, Khadijah give him to serve prophet

Muḥammad PBUH. Zaid’s father hears about his son that he is in Makah and belong to Muhammad. Zaid bin Ḥarīṡah bin Syuhrabil come to Muḥammad and wants to pay for his son liberation. But Prophet Muḥammad PBUH give Zaid his liberation to choose between him and his father. And Zaid prefer to stay with Prophet Muḥammad than his father. Prophet Muḥammad say : “Know it, that Zaid is my son, he inherit what of me and I inherit what of him”.

Because of the case above (married to Zaenab) send down verse 5th. And Zaid recall as Zaid bin Ḥarīṡah and follow down the verse.8

There is not to be upon the Prophet any discomfort concerning that which Allah has imposed upon him. [This is] the established way of Allah with those [prophets] who have passed on before. And ever is the command of Allah a destiny decreed.9

Depend on the verse above adopting children without giving identity of biological parent is forbidden. And what is told in the verse is prevention of adoption impact which eliminated original identity of children.

According to Al Rozi in his exegesis book Māfātih al Gaib explain that Allah was taught how to honor and respect to the parent (al Isrā’ [17]: 23). Whereas through this verse Allah explains how take care for children. Take care for children is urgently required, because the children are still weak and can’t be given the burden for them.11

The verse above is about prohibition of killing daughter. Ago, Arabic Jahilyya kill their daughter. Those causes are: first, the daughter is considered weak and can’t work, fight in war, rob property and ride horse. Second, because feel shame to their ethnic and families, it is because no respectable to the woman in that time until they are shame when get the daughter.

In another hand some parents just pay attention to achievement in schooling education of their children, but forget the spiritual need of them. In the Qur’an narrated a story about Luqman and his son:

And [mention, O Muhammad], when Luqman said to his son while he was instructing him, "O my son, do not associate [anything] with Allah. Indeed, association [with him] is great injustice." And We have enjoined upon man [care] for his parent. His mother carried him, [increasing her] in weakness upon weakness, and his weaning is in two years. Be grateful to Me and to your parent; to Me is the [final] destination.14

Quraish Shihab explains in his book Tafsīr al Miṣbāḥ that Luqman started up his advice with stressing significant for avoid syirk/comparing Allah with anything. This prohibition contains the teaching about “being” and oneness of God. The form of redaction is prohibition word, not to compare Allah for emphasize the significant for leave the bad deed and doing the good one.15 In accordance with it, protection for aqīdah of children will be prime internal foundation that must be embedded in children self. So that, wherever the children go to get their social interaction they have the shield to protect their selves from contamination of negative modernity life style.

The problems above require looking for the solution because the regeneration of ummah is most important substance to make certain about its destiny in future. Advance and retreat a nation is in the hand of its generations. Thus, for keep the quality good must committed good regenerations. No immortality for the creation of God, because it is only belong to Him. All will exchange period each other, generation today will be changed with the next one. Therefore, it is reasonable when almost people wish to have descent that will continue their will.16

Not only children are infestation belongs to his parent, more than it because children were born towards world with their rights fully. The children have same rights as the adult has. It’s most basic rights are the right to living decently, the right to grow and develop, and the right to embrace the religion they believe.17

However, due to certain reason children can’t be considered competent and still weak both psychologically and physically so require an adult to help making decision.

Meanwhile, the world is a place to keep, take care, educate and also directing the generations – in this context is child – in order to they become strong, smart and have the foresight think about the welfare of ummah overall.18

The dynamics of society always changes, moreover in the current decade, particularly because the accumulation of achievement what reached out by science and modern technology that make the problem of Moslem more complex than. The climax of it is when the Moslem entered bio-revolution and bio-engineering that truly can change the concepts already established.19 And the concept of mothers, fathers, children, marriage, pregnancy, breastfeeding and other currently are also changing meaning and value in the perception of modern society.

Take care the children is an effort to stay keeps the quality of Moslem generation in the future which entered in human right classical of Islam or called al ḍarūriyat khamsin They are protecting offspring (hifẓ al 'ird / nasl) protecting religion (hifẓ al din), protecting soul (hifẓ al nafs), protecting mind (hifẓ al aql) and protecting property (hifẓ al māl).21

All matters concerning the safeguarding of the five things above are obliged to do. As well do to eliminate threatening something that is mandatory. Then, the effort of renewal of the Qur’an interpretation is in order to find solutions of the contemporary problems facing children is the necessity for going to a classical of hifẓ al nasl or in this context is a child.

The safety of mother and children is involved salāmat al nafs, and about the protection of children is category of salāmat al nafs. The second is the issue maṣlaḥah mursalah it must be held to keep the rescue effort. Both above are the matter of maṣlaḥah mursalah, so must be held a rescue effort to protect them. 

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