Dimensions of Child Labor from the Perspective of Law and Jurisprudence (Book)
| Dimensions of Child Labor from the Perspective of Law and Jurisprudence (Book) | |
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| Book Information | |
| Author | Mohammad Hossein Shahbazi and Fatemeh Abbasian Arani |
| Subject | Family Jurisprudence |
| Style | Analytical |
| Language | Persian |
| Volumes | 1 |
| Pages | 130 |
| Publication Information | |
| Publisher | Jadouye Qalam |
| Publication Place | Tehran |
| Publication Date | 1402 AH |
| Printing | First |
- Abstract
Dimensions of Child Labor from the Perspective of Law and Jurisprudence (in Persian: ابعاد کار کودک از منظر قانون و فقه) is a book in the field of family jurisprudence, co-authored by Mohammad Hossein Shahbazi and Fatemeh Abbasian Arani. In this work, the authors distinguish between the two concepts of "child labor" and "child worker" and examine them from legal and jurisprudential perspectives. They consider beneficial and educational child labor, performed with regard to the child's best interest, permissible under specific conditions and with the supervision of the guardian; however, they regard economic exploitation of the child (child worker) as an instance of public corruption and illegitimate. The role of the government and family in the formation of this phenomenon and its social consequences are other topics discussed in the book.
Book Structure
Dimensions of Child Labor from the Perspective of Law and Jurisprudence, co-authored by Mohammad Hossein Shahbazi and Fatemeh Abbasian Arani, is in the field of family jurisprudence. The authors in this work examine two different but related categories, namely "child labor" and "child worker," from legal and jurisprudential viewpoints. The research method in this book is descriptive-analytical and based on the study of library sources. This work has been published in 130 pages by Jadouye Qalam Publications in 1402 AH.
This work begins with an introduction by the authors and a table of contents, and ends with a conclusion and a list of references. The main discussions of the book are organized into three chapters. The first chapter is dedicated to generalities and fundamental concepts. In the second chapter, the authors analyze the negative and positive dimensions of child labor from the perspectives of jurisprudence and law and attempt to clarify the difference between legitimate child employment and economic exploitation of the child. The third chapter is also devoted to examining the role of the government and family in the formation of the child worker phenomenon and its social consequences.
Difference Between Child Labor and Child Work
The authors in the first chapter of the book examine the concept of "child" in jurisprudence and law. According to them, although in jurisprudence, a child refers to an immature individual, Iranian laws suffer from a kind of ambiguity and inconsistency in defining a child; in such a way that in some legal articles, the age of 18 is considered, and in others, religious maturity is the criterion for the end of childhood. In addition, in some laws, the age of 15 is regarded as the boundary of childhood, while others have set 13 for girls and 15 for boys as the criterion. These inconsistencies are even seen in whether the years are solar or lunar. Moreover, there are differences in this regard between criminal and civil domains (pp. 17-22).
Continuing, the authors address the Islamic jurisprudential view on child employment and report that the work of a child (minor) can be valid under specific conditions. From a religious perspective, child employment is defined within the framework of the duties of the compulsory guardian. If the compulsory guardian observes all the interests and rights of the child and also considers their physical and mental abilities, they can compel the child to engage in suitable occupations for education and vocational training. In some cases, especially when the guardian is unable to pay maintenance and their insolvency is proven, child employment for the purpose of earning income is considered permissible. According to the authors, this type of employment differs from the harmful concept of "child worker"; because it is not only non-exploitative but can also be in the child's favor and for their growth (p. 26).
Finally, the authors emphasize that the child's consent has no effect on the legitimacy or illegitimacy of economic exploitation of them, because from a jurisprudential viewpoint, the child lacks the ability to discern their own benefit and harm (p. 28).
Impermissibility of Child Work
The authors in the second chapter examine in detail the negative dimensions of child labor from a legal perspective. They, by referring to a set of domestic and international laws, consider the child worker phenomenon prohibited in the legal dimension, showing that child labor is not acceptable within the accepted legal framework (pp. 36-69).
Continuing, with attention to the issue of custody, the authors emphasize that the compulsory guardian has no right to employ the child as a child worker or exploit them. From jurisprudential and legal perspectives, the principle is the financial provision of the child by the guardian, and any deviation from this duty, if it leads to physical, psychological, or developmental harm to the child, is considered a violation of the guardian's religious duty and an act lacking religious legitimacy (p. 70).
The authors regard the child worker phenomenon as one of the manifestations of public corruption; therefore, they believe that the Islamic government must combat this corruption by enacting appropriate and effective laws. They, by referring to the views of some jurists who consider the basis of the legitimacy of hudud and ta'zirat to be the prevention of corruption, suggest that proportionate ta'zirat be considered for combating various levels of the child worker phenomenon (pp. 70-71).
Conditionality of the Permissibility of Child Labor on the Child's Best Interest
The authors in the continuation of the second chapter have examined the positive dimensions of child labor from a legal perspective. In their view, if the child's activity is compatible with their best interest, work can be used as a tool for empowering children and adolescents and nurturing their talents, and provided that the type of activity is proportionate to the child's physical and mental abilities, employment in various occupations is considered permissible (pp. 71-74).
On this basis, the authors believe that the compulsory guardian can also, while observing the child's best interest, compel them to employment and even income generation, provided that the chosen work is appropriate to the child's age and does not cause harm to them (p. 76). In their view, according to the opinion of the majority of jurists, the payment of maintenance to the child by the guardian is obligatory only if the child is poor and lacks the ability to employ and earn income (p. 77). They, by critiquing the view of the author of Riyad who does not consider compelling child employment permissible even if the child is capable of business, believe that a father who has guardianship over the marriage of a minor girl, a fortiori, has guardianship over compelling the child to employment compatible with their best interest and upbringing (p. 78).
At the end of the second chapter, the authors emphasize the positive and beneficial inherent nature of work. They consider work, as long as it does not conflict with the child's best interest, a good and positive matter and call it one of the positive aspects of child labor. In this regard, they also refer to a number of narrations from the Ahl al-Bayt (AS) that indicate the desirability and value of work in the religious view (pp. 82-84). In the third chapter, the role of the government and family in the formation of the child worker phenomenon is examined, and its social and individual consequences are analyzed, and the role of supportive and legislative structures in preventing or facilitating this phenomenon is discussed (pp. 86-113).