The Non-Pecuniary Rights of the Orphan and Social Responsibility: Anthropological Foundations in the Qur’an and Their Reflection in Iraqi Law

Abstract

This article, adopting a descriptive–analytical and comparative approach, examines the non-pecuniary rights of the orphan in the Qur’an with particular emphasis on such concepts as dignity, honor, the prohibition of coercion and exclusion, and the rights to upbringing, education, and physical and mental health. These principles are then linked to jurisprudential doctrines including the Rule of Benevolence (Qāʿidat al-Luṭf) and the Rule of Prohibition of Harm (Qāʿidat Ḥurmat al-Iḍrār), as well as to the logic of practical reason. Subsequently, the article analyzes the reflection of these principles in Iraqi legislation and public policies, particularly after 2003, including the Child Law (2020), Order No. 2005 (Article 30), Articles 146–148 of the Personal Status Law (1959), and the related protective and punitive mechanisms. The findings indicate that despite the existence of a legal foundation for non-pecuniary protection—such as free education, supportive services, and the possibility of judicial intervention—the realization of Qur’anic objectives faces significant challenges, including unequal access, the absence of standardized indicators for “non-pecuniary development,” inter-institutional incoherence, and insufficient mental health services. The article proposes a “multi-layered operational framework” emphasizing the formulation of harm-screening protocols, standards of care (family-based/alternative), parenting education, mental-health services for guardians and families, and an integrated case-management and reporting system. Ultimately, a fuller alignment of Iraqi laws and practices with the spirit of Qur’anic verses requires systematic standardization, specialized capacity building, and the establishment of data-driven accountability mechanisms.