Protection of Women's and Children's Rights in a Comparative Review of Islamic Law, National Law, and International Law

Abstract

The protection of women's and children's rights is a fundamental issue within various legal systems, including Islamic Law, National Law, and International Law. This study aims to analyze and compare the concept of protecting women's and children's rights across these three legal systems in order to identify their similarities and differences. The research method used is normative juridical research with statutory, conceptual, and comparative approaches. The findings indicate that Islamic Law regards women and children as legal subjects whose fundamental rights are protected through principles of justice, public interest (maslahah), and family responsibility. National Law in Indonesia provides protection through various regulations such as the Child Protection Act and the Domestic Violence Act. Meanwhile, International Law, through instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC), emphasizes universal protection based on human rights principles. In conclusion, all three legal systems share the same objective of ensuring the protection and fulfillment of women's and children's rights, although they differ in approach, legal sources, and implementation.