The Guardian's Role in Monitoring and Supervising the Child An Analytical Jurisprudential Study
الملخص
In Islam, the guardian has a vital role and a great responsibility in monitoring and supervising the child, which is known as guardianship over the person. This guardianship is both a right and a duty, and aims to achieve the child's best interests and protect them from anything that might harm them in their religious and worldly lives. This responsibility stems from Islamic texts that emphasize the necessity of caring for children and raising them with a proper upbringing. The guardian's role in supervising the child is represented in several aspects, including the educational aspect, where the guardian is concerned with raising the child with virtuous morals, teaching them religious matters, and instilling Islamic values. The educational aspect includes monitoring the child's academic achievement and providing an appropriate environment for their intellectual and cognitive development. The health aspect, where the guardian is committed to providing the child with the necessary health care, including nutrition, treatment, and prevention. Islamic law has given this role great importance, as it has made the right of custody vested in the person most capable of caring for the child and ensuring his or her interests, even if this is at the expense of the parents, if they are not qualified for that. The guardian must be an adult, sane, trustworthy, and capable of fulfilling his or her responsibilities. In the event that the guardian fails to perform his or her duties, the Sharia judge has the right to intervene and take the necessary measures to ensure the safety and interests of the child, such as removing guardianship from him or her and assigning it to someone more deserving of it.