An accurate and thoughtful understanding of the Islamic perception of the essential rights of elderly Muslims that considers the substantial contemporary fluctuations and adaptations of their cultural, economic, social, and emotional necessities, evolutions, and renovations calls for attention to Shari‘a (Islamic) principles and religious norms. It should be noted that a socio-cultural framework based on Islamic ideals is considered a crucial feature of Arab and Middle Eastern regions in the shaping of their political and legal support systems. In light of Islamic philosophies and code of ethics, the family remains the keystone for the sustenance of the elderly; placing the elderly, especially parents, in nursery homes or similar places is prohibited, as it represents a direct transgression of the divine Law of God. However, family unity cannot be assumed to be secure, given the new demographic and economic realities.
Based on this succinct backdrop regarding the interconnection between Islam and elderly care, this article examines what Islamic elder and human rights laws propose for the needs of the elderly. Part one briefly reviews theological concepts (discourse) on ageing and old age. Part two discusses the maintenance of the elderly (parents) and their essential rights according to Islamic theory. Part three highlights an action plan (or model) for the future regional strategy on treating the elderly in Muslim countries where positive law fails or otherwise cannot insure the basic care required by Islamic law, and by vital international human rights instruments. This section will track how Shari‘a law and reasoning in this arena can be a more fruitful alternative. Finally, the paper offers conclusions on how the axiomatic view of Islamic elder law is, in essence, fashioned by religious theories, laws, and divine practice, via a critical discussion of these Islamic principles. Ultimately, I will contend that Islam constitutes an appropriate and comprehensive design for the care of elderly people, so much so that national statutes should strive to meet its criteria.
By shedding light on an under-examined system of law, this article makes a necessary contribution to the beginning of a fruitful study in the west of Islamic law. Although the recent literature has paid increasing attention to the problems of the elderly and their rights, so far few authors have treated this issue in the context of Islamic law. Scholarly treatment of this issue is therefore urgent, all the more so considering that Islamic law represents a source of law affecting over one billion people living in the world’s 49 majority-Muslim nations.
Therefore, this article brings balance to the global study of elder law by examining elder issues in the ArabMiddle East, where Islamic law remains influential to varying degrees. As the global population ages, elder law issues are of increasing salience. Although these issues are receiving a commensurately increasing level of attention in the academic literature, certain regions of the world have been neglected, including the ArabMiddle East.
This article begins with a succinct backdrop of Islamic law and its development through centuries of Muslim jurisprudence, with focus on those sources of Islamic law which have implications for modern elder rights law. It then turns to a survey of elder law in the Arab Middle East today, finding that the legal systems of modern Arab states have failed to embrace the lofty standards for elder rights found in traditional Islamic law and jurisprudence.
Despite this highly moral and comprehensive Islamic legal system, the elderly are not fully protected under domestic employment, labor, and social security laws or in the implementation of international human rights law. Moreover, awareness needs to be spread in the Arab Middle East on the difficulties of the elderly and how to face them. This is due to lack of specialized laws regulating the rights of the elderly in most ArabMiddle Eastern countries. Accordingly, an Islamic model cannot be secured unless we establish a powerful and large state, strong in its economy, social institutions, education, etc.; i.e. a nation that produces enough to let its citizens enjoy decent life.
Finally, the Arab Spring Revolutions have given rise to much legal and political chaos. This chaos could be partially alleviated by reforming laws in various sectors to bolster the societies in Arab countries, and the care of the elderly is a sector ripe for reform. The authors hope this article will be an important first step in the development of a western scholarly examination of Islamic law and jurisprudence on elder law and other vital issues.