Children’s Rights in Islamic Jurisprudence and The Phenomenon of Street Children in Mbale, Uganda: A Juristic Analysis

Abstract

This study investigates the rights of children as outlined in Islamic jurisprudence, with a specific focus on the situation of street children in Mbale, Uganda. The research problem centers on the growing number of street children in the region, driven by factors such as poverty, family disintegration, and inadequate institutional support. These conditions leave children vulnerable to exploitation, neglect, and deprivation of basic needs.
The primary objective of this study is to evaluate the relevance and applicability of Islamic legal principles in addressing these challenges and ensuring the protection and well-being of children in vulnerable circumstances. To achieve this, the study adopts a qualitative methodology that includes field observations, interviews with key stakeholders—such as religious leaders, social workers, and affected children—and an in-depth analysis of relevant Islamic sources, particularly the Qur’an, Hadith, and classical jurisprudential texts.
The findings reveal that approximately 4,000 street children are currently living in Mbale. Several factors lead to the rise of street children, including economic instability, poverty, war, the breakdown of traditional values, domestic violence, and abuse, all of which drive them to live on the street. The study recommends the establishment of waqf (endowment), ṣadaqah (charity), and zakāh-funded programs, to be administered through the Islamic University in Uganda (IUIU).
These funds should support initiatives such as: (i) Islamic Ethical Rehabilitation (ii) Basic Literacy and Vocational Training (iii) Psychosocial Support and Trauma Counseling (iv) Family Reintegration and Foster Care Training (Kafālah) (v) Health and Hygiene Education Programs. These initiatives aim to restore the rights and dignity of street children in accordance with Islamic principles.