for Supporting Children's Right to Education in Imamiya Fiqh, Human Rights Instruments, and the Constitution

Supporting children's rights in general and supporting their right to education in particular have gained special importance in the discussions on human rights, international instruments, and domestic laws in the recent years. On the other hand, the Islamic Sharia pays a special attention to children and their right to education. The present paper aims at analyzing the mechanisms for supporting children’s right to education in Imamiya Fiqh (Shii jurisprudence) and legal instruments. Some of the most important Jurisprudential mechanisms have been defined in terms of economic, spiritual, and intellectual support. From a legal perspective, different obligations have been imposed on governments through human rights instruments and various domestic laws. Using a comparative approach, the author confirms that supporting the right to education has a special place in Imamiya Fiqh since it is domestically and internationaly guaranteed. Based on the premises, this right begins at the moment of conception or even before. Therefore, there are specific duties incumbent upon parents. Moreover, the right to education has a broader scope in Imamiya Fiqh than it has in human rights instruments.