Special Education in Islamic Law Perspective
Elan Sumarna
Study Program of Islamic Education Science, Universitas Pendidikan Indonesia, Bandung, Indonesia
Keywords: Children with Special Needs, Islamic Education, Islamic Law.
Abstract: This article aims to describe the research of studies related to the right of education for children with special
needs in the perspective of Islamic law. The study is done by reviewing literature sources of Islamic law,
namely the Qur'an and Hadith, and the sources of the results of research published in scientific journals. The
lay notion of the children with special needs should be separated from taklif law and empowerment. Therefore,
the role of Islamic law in internalizing children with special needs is necessary to change the paradigm of
negative community against them. Children with special needs in Islamic law are children who have physical
disabilities or mental that generally impacts on their weak mind potential. However, Islamic law sees that
these conditions do not abort their rights and obligations as Muslims in particular, and as human beings in
general.
1 INTRODUCTION
Research on children with special needs in their rights
and obligations in getting an education is a consensus
in the United Nations program on Education for All,
which of course implicitly includes the obligation to
meet the educational rights of children with special
needs. However, the program is already contained in
the legislation in each member state of the UN as an
arm of the UN program particularly in the developing
countries such as Indonesia is still constrained by the
culture of the people still regard the children with
special needs as a madman or a child of a curse.
Therefore, they are still less friendly with them. On
the other hand, education for Children with Special
Needs is a necessity as the portion that should exist in
the present civilization. Thus, it is a cultural issue that
must be touched in order to revise their
understanding. In connection with it. Islam as the
majority religion must be studied on how education
for Children with Special Needs in Islamic legal point
of view, is seen as an effective and applicable way to
internalize the identity of Children with Special
Needs in social institutions of society.
There are two main problems investigated in this
present study.The first is the problem of unfriendly
culture of the people to the children with special
needs so they could not accommodate education for
children with special needs programs optimally. The
second is the concept of Islamic law concerning
education children with special needs which becomes
the main focus in introducing them from Islamic point
of view.
Furthermore, in relation to the above description,
the references used in this study can be categorized in
two forms, namely related to theories of the flexible
and futuristic Islamic law and journals related to
research.
Associated with the theories of Islamic law, this
research will be directed at issues mutlaq and
muqayyad, general and specific as rules that can be
used to implement the common arguments become
particularly relevant to what will be discussed (Abu
Zahrah, n.d.). In addition, the issue of tasyri (the
journey of history of the formation of Islamic law),
cannot be excluded because it is closely related to the
cause of the emergence of a law. Tasyri is a long-
running picture of an implementation of law from the
time of the Prophet's dissolution to his death. After
that, ulama (scholars) formulate to develop law by
relying on what has been made its foundation by
Rasulullah SAW. (Rachmat Syafe'I, t.th.:99) In the
process of tasyri, the Prophet through his hadith
issued by Muslims where Islam is divided into 3
pillars (muslim, mukmin and muhsin) shows the
obligation of Muslims who must be productive both
personally and group to accommodate the problem
into collective benefits as expected (Ibn Taimiyah,
1392 H : 2).
Sumarna, E.
Special Education in Islamic Law Perspective.
In Proceedings of the 1st International Conference on Educational Sciences (ICES 2017) - Volume 2, pages 519-523
ISBN: 978-989-758-314-8
Copyright © 2018 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved
519

As for the research journals referenced is what
was written by Salaymeh (2015) in his study of
Islamic Law, that Islamic law provisionally assessed
by the general public as a frightening figure, is
actually a law that is flexible and is even able to
accommodate diversity. Even al-Karasneh and Saleh
(2010) in their study Islamic perspective of creativity:
A models for teachers of social studies as leaders
asserted that, learning based on The Qur’an could
encourage optimism teachers to be more innovative
and creative in developing learning, in addition will
be a blessing because The Qur’an will continue to
push the boundaries of creativity that meet Sharia. It
is reaffirmed by Jaafar, et al. (2012) that teachers
should act as murabbi (a guide) not just a knowledge
transfer. Such teachers must develop properties of
optimism to build a strong relationship between two
parties. If so, where teachers can build the
relationship with their students, then education meets
the criteria as a means to inherit values. Related to
this, Rafe’Zou’bi (2015) explains that educational
science becomes a major component to inherit the
quality and quantity of good values to the products
and services.This occurs because Quran-based
learning will touch the spirituality of teachers and
learners. Dajani (2015) explained that The Qur’an-
based learning will encourage spiritual level of
learners to concentrate more in learning. However, all
the results of these studies are still a general nature
and not directly touch on key issues "of Special
Education in the perspective of Islamic law."
Therefore, this research will be directed at, is there
the argument directly specifically, either from the
Qur'an and Hadith as the sources of Islamic law,
which touches directly on their education? This is the
empty gap which is still considered as no specific
research on this subject from the study of Islamic
Law. This study will put forward and develop the
theory of ‘am (general) and khash (specific), muthlaq
(absolute) and muqayyad. After that, all the general
propositions will be applicable by themselves.
From the foregoing, it is clear that the initial
studies are not yet led to specific special education
that is touched by Islamic law. Studies that simply
state that neither the teacher nor learners should put
forward religious life with The Qur’an-based
learning, which in turn will be psychologically
controlling in creating educative situation.
Then, as previously described, it is clear that there
is an empty space on the small number of people
examined from the perspective of Islamic law.
Therefore, this study is urgently needed for two
reasons: first that Islam as the majority turned out to
speak directly about the special education certainly
break the assumption that the children with special
needs are unnecessary studied and empowered.
Second, the need for research that Islam also had a
concept that is more straightforward about the
children with special needs, which in turn will help to
realize education for all which is led by the United
Nations through its member countries in the world
through a religious approach to the method of
formation of social regulations.
2 METHOD
This study used qualitative approach with literature
study method (library research), or in other terms this
research used content analysis. This method is needed
to explain the concepts of the principles of Islamic
law in this case relating to how the actual legal status
of children with special needs in the field of
education, which in turn can be directed to the Special
Education issues in Islamic law.
The approach used in the process istidlâl and
istinbath al-Ahkam through deductive and inductive
approach as the tools in analyzing the content of this
research.
Because this study is literature, in addition to The
Qur’an and Hadith, then the source of the data are
divided into the research result books and journals as
attached in the Bibliography.
3 RESULTS AND DISCUSSION
As pointed out in advance that in general this study
has not been widely studied by researchers, where in
the Islamic world in general has not been much
researched children with special needs in perfective
of Islamic law while culturally, the general public still
see that the children with special needs are a madman
or a result of the curse that is detached from nature as
beings learn that apart from the obligation to learn and
being learned. Therefore, due to the lack of Islamic
legal research on these Special Needs Children, most
of the Muslim countries, culturally, have little regard
for their rights in education. The evidences are Salend
(2011) said that inclusion is the sense of openness that
should lead to a diversity of students, family, teachers
and even the membership of the community to jointly
create schools and other social institutions based on
acceptance. Correspondingly, Frederickson and Tony
Cline (2009) emphasize their sense of community and
diversity. Al-Khateeb et al. (2016) state that there are
42 studies related to the inclusion of children with
ICES 2017 - 1st International Conference on Educational Sciences
520

developmental disabilities in the Arab countries
which have been published. More than two-thirds of
these studies were conducted in the United Arab
Emirates (UAE), Jordan, and Saudi Arabia, with the
results of this study showed that relatively little has
been done. Tekin (2015) stated that for their own
legal education for children with special needs is still
being argued. In fact, they include countries that are
still in the stage of developing this education,
therefore, required the preparation of teachers (Lari,
1992).
Based on above explanation, few studies were
conducted based on Islamic law for Muslim countries
(Keller, Al-Hendawi, & Abuelhassan, 2016). Even in
this case, Islamic schools in the United States did not
have programs in support of Children with Special
Needs (Al-Lawati &Hunsaker, 2007). However, the
actual views that are based on research results are
generally associated with successful learning based
on the interaction with the Qur’an or the minimum
limit make religion as a basis for learning has been a
lot done. Thus, as stated by Hasan&Zailaini (2013),
this study aimed to find the reality of completion The
Qur’an in its role in Islamic education. Likewise
related to their health care, Isgandarova (2012) stated
that Muslim scholars also maintained for the health
based on the Qur’an. Likewise,Farouk, et.al. (2015)
see that food in the process of Islamic education is
considerable concern.
In short, it can be concluded that the awareness to
make the Qur'an in particular and Islam in general
used in the learning process has been found in some
studies. However, when Islamic education was linked
to special education, this is nothing new to the world
of Islam. There are two benefits when the studies
addressed how Special Education in Islam. Firstly,
Islam as the majority religion will teach people that
religion has the concept of didactic and methodical in
handling them. Secondly, through direct religious
approach, the internalization of religious values to the
society will change their perspective towards children
with special needs from being friendly to receiving
and being sympathetic so that learning and
emporement programs would be well managed.
In the perspective of Islamic law, children with
special needs have similar position in law. They have
the same rights and obligations to get education. The
difference lies in the method and approach of
teaching the students. Therefore, Ashaari, et.al.
(2012) believes that Islam espoused by one fifth of
the world's population needs to be studied to address
methodologies and approaches that are sustainably
relevance as a response to globalization. In regard to
this, started from 1970, Ulama have seriously discuss
this failure and have advised many plans to address
the weaknesses, one of which encourages a variety of
ways to improve teaching and learning Islamic
studies. They were touched with the objectives of
sharia called as maqashid sharia. Maqashid Sharia is
a noble goal to protect humans without discrimination
(Abdullah, 2012). In connection with that, Sulayman
(2014) states that they are entitled and obliged to
obtain moral.
Therefore, back to the issue in advance that the
need for immediate review of this law of educating of
children with special needs from the perspective of
The Qur'an and the hadith directly so culturally
internalization with do understanding of this religion
approach can be realized.
In The Qur’an, the following conversation about
children with special needs rights and obligations in
education and empowerment can be seen in the
following table:
Table 1: Name of people with special needs in the Quran.
NO.
Name / Academic Term
Name in the Qur’an Literature
1
Mental retarded
ﮫﯿﻔﺳ (QS. 2 : 282 )
2
Mental Disabilities / Autis, etc.
ﱠﻞِﻤُﯾ نا ﻊﯿﻄﺘﺴﯾﻻ(QS.2 : 282)
3
Deaf
ﻢﺻ ( QS. 2:171)
4
Speech impaired
ﻢﻜﺑ (Qs. 17 : 97)
5
Blind
ﻰﻤﻋأ (Qs. 80 : 2), ﮫﻤﻛﻷا و صﺮﺑﻷا(QS.3 : 49)
6
Physical disability
ﻒﯿﻌﺿ (Qs.2: 282), جﺮﻋﻷا (QS.24 :61)
Meanwhile in Hadith:
َﻚْﯿَﻟِإ ﻰِﻟ ﱠنِإ ِ ﱠ ا َلﻮُﺳَر ﺎَﯾ ْﺖَﻟﺎَﻘَﻓ ٌءْﻰَﺷ ﺎَﮭِﻠْﻘَﻋ ﻰِﻓ َنﺎَﻛ ًةَأ َﺮْﻣا ﱠنَأ ٍﺲَﻧَأ ْﻦَﻋ
َلﺎَﻘَﻓ ًﺔَﺟﺎَﺣ » ﻰﱠﺘَﺣ ِﺖْﺌِﺷ ِﻚَﻜِّﺴﻟا ﱠىَأ ى ِﺮُﻈْﻧا ٍنَﻼُﻓ ﱠمُأ ﺎَﯾ َﺘَﺟﺎَﺣ ِﻚَﻟ َﻰ ِﻀْﻗَأ ِﻚ
.«ﺎَﮭِﺘَﺟﺎَﺣ ْﻦِﻣ ْﺖَﻏَﺮَﻓ ﻰﱠﺘَﺣ ِق ُﺮﱡﻄﻟا ِﺾْﻌَﺑ ﻰِﻓ ﺎَﮭَﻌَﻣ َﻼَﺨَﻓ(ﻢﻠﺴﻣ ﮫﺟﺮﺧأ)
“It was narrated that a woman with special needs
expressed in Rasulullah Saw that, O Messenger of
Allah! I have need of you. He replied, O ummu Fulan,
consider what your confusion became, and please
what you want that I will meet your needs. Then the
Special Education in Islamic Law Perspective
521

prophet managed to take her to some streets until it
met their needs. (Hadith issued by Muslim).
As for the hadith, the Prophet said:
: َﻊِﻓُر ٍﺔَﺛ َﻼَﺛ ْﻦَﻋ ُﻢَﻠَﻘْﻟا : َﻢِﻠَﺘْﺤَﯾ ﻰﱠﺘَﺣ ِﻞْﻔِّﻄﻟا ِﻦَﻋ َو،َﻆِﻘْﯿَﺘْﺴَﯾ ﻰﱠﺘَﺣ ِﻢِﺋﺎﱠﻨﻟا ِﻦَﻋ
(ﺪﻤﺣأ ﮫﺟﺮﺧأ)َﻞِﻘْﻌَﯾ ْوَأ،َأ َﺮْﺒَﯾ ﻰﱠﺘَﺣ ِنﻮُﻨْﺠَﻤْﻟا ِﻦَﻋ َو،
“Pen is lifted from three: the sleeper wakes up,
and the child until he grows, and the insane until he
recovers, or unreasonable” (Hadith issued by
Ahmad).
This hadith talked about the loss of law of three
groups of people: first, the insane until he recovers,
two people sleeping until he wakes up and the third is
a child until he is baligh. However, in general, people
always rely children with special needs on one of the
above three conditions for the issue of his wits.
Therefore, as outlined in advance, sense (Aql) in the
Hadith above should be interpreted as consciousness
by which man can be aware to understand.More sense
(Aql) of meaning in the Qur’an can be seen in some
of the following verses, which are in QS.2: 164, QS.
29:63, QS.22: 46.
ِﰲ ﱠنِإ ِﻖْﻠَﺧ يِﺮَْﲡ ِﱵﱠﻟا ِﻚْﻠُﻔْﻟاَوِرﺎَﻬﱠـﻨﻟاَو ِﻞْﻴﱠﻠﻟا ِف َﻼِﺘْﺧاَو ِضْرَْﻷاَو ِتاَوﺎَﻤﱠﺴﻟا ِﰲ
َِْﻮَﻣ َﺪْﻌَـﺑ َضْرَْﻷا ِﻪِﺑﺎَﻴْﺣَﺄَﻓٍءﺎَﻣ ْﻦِﻣ ِءﺎَﻤﱠﺴﻟا َﻦِﻣ ُ ﱠ ا َ لَﺰْـﻧَأ ﺎَﻣَو َسﺎﱠﻨﻟا ُﻊَﻔْـﻨَـﻳﺎَِﲟِﺮْﺤَﺒْﻟا ﱠﺚَﺑَو ﺎ
َﻘِﻟ ٍتَ َﻵ ِضْرَْﻷاَو ِءﺎَﻤﱠﺴﻟﺎَﻨْـﻴَـﺑِﺮﱠﺨَﺴُﻤْﻟا ِبﺎَﺤﱠﺴﻟاَو ِحَِّﺮﻟا ِﻒﻳِﺮْﺼَﺗَوٍﺔﱠﺑاَد ِّﻞُﻛ ْﻦِﻣﺎَﻬﻴِﻓ ٍمْﻮ
َـﻳ َنﻮُﻠِﻘْﻌ)164(
“Behold! In the creation of the heavens and the earth;
In the alternation of the night and the day; In the
sailing of the ships through the ocean for the profit of
mankind; In the rain which Allah Sends down from
the skies, and the life which He gives therewith to an
earth that is dead; In the beasts of all kinds that He
scatters through the earth; In the change of the winds,
and the clouds which They Trail like their slaves
between the sky and the earth;- (Here) indeed are
Signs for a people that are wise.” (QS.2:164).
ﻦِﺌَﻟَو ْﻢُﻬَـﺘْﻟَﺄَﺳْ◌ﻦَﻣ َلﱠﺰَـﻧْ◌ َﻦِﻣ ِﻪِﺑﺎَﻴْﺣَﺄَﻓًءﺎَﻣِءﺎَﻤﱠﺴﻟا َضْرَْﻷاﻦِﻣ ِﺪْﻌَـﺑْ◌ ﱠﻦُﻟﻮُﻘَـﻴَﻟﺎَِْﻮَﻣ ُﱠ ا
ِﻞُﻗ ِﱠُِﺪْﻤَْﳊا ْﻞَﺑ ْﻢُﻫُﺮَـﺜْﻛَأ َنﻮُﻠِﻘْﻌَـﻳ َﻻ)63(
“And if indeed Thou ask them who it is that Sends
down rain from the sky, and gives life therewith to the
earth after its death, they will certainly reply,
"(Allah)!" say, "Praise be to Allah." but Most of them
understand not.” (QS.29:63).
ْﻢَﻠَـﻓَأاوُﲑِﺴَﻳ ِﰲ ِضْرَْﻷا َنﻮُﻜَﺘَـﻓ ْﻢُﳍ ﻮُﻠُـﻗ ٌب َنﻮُﻠِﻘْﻌَـﻳ ٌناَذآْوَأﺎَِ َنﻮُﻌَﻤْﺴَﻳ
ﻰَﻤْﻌَـﺗ َﻻﺎَﻬﱠـﻧِﺈَﻓﺎَ ْﻦِﻜَﻟَوُرﺎَﺼْﺑَْﻷا ُبﻮُﻠُﻘْﻟﺎﯩَﻤْﻌَـﺗ ِﱵﱠﻟا ِﰲ ِروُﺪﱡﺼﻟا)46(
“Do they not travel through the land, so that their
hearts (and minds) may thus learn wisdom and their
ears may thus learn to hear? Truly it is not their eyes
that are blind, but their hearts which are in their
breasts.” (QS.22:46).
From the verses above, sense (aql) in the Qur’an
is not one organ in the human body so that he can
understand, but more than that, the sense must be
defined as consciousness. This sense (aql),
corresponding with what is presented Iqbal. For him,
Intellect must be defined with a heart which can
understand reality and knowledge are essential.
Therefore, all the sensory reality should be subject to
this essential knowledge (Bilgrame, 1982). In
conjunction with this, the awareness it can be divided
into two, namely the awareness that relies on brain
development which was then called the
consciousness mechanic by Iqbal called the
awareness of sensory, and the second is the awareness
ruhiyah which is based on clarity of his heart that kept
Forged. In connection with this, the awareness
ruhiyahis a supervising mechanical consciousness.
Because of that, people sleeping, people are crazy and
children, they still have a sense in terms of his brain
is still running as a container of consciousness while
it is being crushed (not optimal). People who sleep,
he dissolves in hissleeping so crushed consciousness.
While a madman, he was soluble in an uncontrolled
emotions so crushed his consciousness. As for the
little ones are those who were proceeding up the
consciousness bit by bit along with the development
of his brain into a container of consciousness that
continues to grow with it.
From the above description, children with special
needs are not madmen, but they are those whose brain
development was hampered. Thus, a difference in
children with special needs with madmen is for
children with special needs disturbed his hardware
while madman disturbed his software. Therefore, the
pattern on their education must be preceded the
physical therapy in addition to mental therapy.
From the above description, children with special
needs are not included in what is called the Hadith
issued by Ahmad above. The Prophet gives them
special attention and involved them in activities of
daily life. This was seen when he educates and
galvanizes Abdullah ibn Umm Maktumwho was a
blind man to pray on time and always become “the
muezzin” at every entrance prayer time.
ICES 2017 - 1st International Conference on Educational Sciences
522

4 CONCLUSION
Children with specialneedsin Islamic law are children
who have physical disabilities or weak mental that
potentially impact on their mind. However, Islamic
law sees that these conditions do not abort their rights
and obligations as Muslims in particular, and as
human beings in general. Children with special needs,
according to the law, especially in Indonesia are those
who have difficulties in following the learning
process because of physical, emotional, mental,
social, and / or have the potential intelligence and
special talents. Children with Special Needs are
recognized in Islamic law, or legislation. Education
for Children with Special Needs is a necessity and has
a positive prospect in line with the principles of
Islamic law, which is in line with maqashid Sharia,
and in line with the principles of democratic
education and thorough.
REFERENCES
Abdullah, S. 2012. Risk management via takaful from a
perspective of maqasid of shariah. Procedia-Social and
Behavioral Sciences, 65, 535-541.
Abu Zahrah, Muhammad. (n.d.). Ushul Fiqh, Beirut: Dar
al-Fikr al-Arabi.
Al-Karasneh, S. M., Saleh, A. M. J. 2010. Islamic
perspective of creativity: A model for teachers of social
studies as leaders. Procedia-Social and Behavioral
Sciences, 2(2), 412-426.
Al-Khateeb, J. M., Hadidi, M. S., Alkhateeb, A. J. 2016.
Inclusion of children with developmental disabilities in
Arab countries: A review of the research literature from
1990 to 2014. Research in Developmental Disabilities,
49, 60-75.
Al-Lawati, F. A., Hunsaker, S. L. 2007. Differentiation for
the gifted in american islamic schools. Journal for the
Education of the Gifted, 30(4), 500-518.
Ashaari, M. F., Ismail, Z., Puteh, A., Samsudin, M. A.,
Ismail, M., Kawangit, R., Ramzi, M. I. 2012. An
assessment of teaching and learning methodology in
islamic studies. Procedia-Social and Behavioral
Sciences, 59, 618-626.
Bilgrame, H. H. 1982. Iqbal sekilas tentang hidup dan
pemikirannya, Jakarta: CV. Rajawali.
Dajani, B. A. S. 2015. The Ideal Education in Ibn Khaldun’s
Muqaddimah. Procedia-Social and Behavioral
Sciences, 192, 308-312.
Farouk, M. M., Regenstein, J. M., Pirie, M. R., Najm, R.,
Bekhit, A. E. D., Knowles, S. O. 2015. Spiritual aspects
of meat and nutritional security: Perspectives and
responsibilities of the abrahamic faiths.Food Research
International, 76, 882-895.
Cline, T., Frederickson, N. 2009. Special educational
needs, inclusion and diversity. London, UK: McGraw-
Hill Education.
Hassan, S. S. B., Zailaini, M. A. B. 2013. Khatam al-quran
in islamic education curriculum in Malaysia. Procedia-
Social and Behavioral Sciences, 103, 558-566.
Ibnu Taimiyah. 1392 H. al-Iman, Beirut: al-Maktabah al-
Islami.
Isgandarova, N. 2012. Effectiveness of islamic spiritual
care: Foundations and practices of muslim spiritual care
givers. Journal of Pastoral Care & Counseling, 66(3),
1-16.
Jaafar, N., Tamuri, A. H., Muhamad, N. A. F., Ghazali, N.
M., Mohd, R. A., Raus, N. M., Hassan, S. N. S. 2012.
The importance of self-efficacy: a need for islamic
teachers as murabbi. Procedia-Social and Behavioral
Sciences, 69, 359-366.
Keller, C., Al-Hendawi, M., Abuelhassan, H. 2016. Special
education teacher preparation in the gulf cooperation
council countries. Teacher Education and Special
Education, 39(3), 194-208.
Lari, Z. S. 1992. Special education in Pakistan: A research
report. International Journal of Educational
Development, 12(3), 245-252.
Rachmat Syafe’I (n.d), Ilmu Ushul Fiqih, Bandung: Pustaka
Setia.
Rafe’Zou’bi, M. 2015. Science education in the islamic
world: A snapshot of the role of academies of sciences.
Procedia-Social and Behavioral Sciences, 192, 359-
363.
Salaymeh, Lena. 2015. Islamic Law (2nd ed).International
Encyclopedia of the Social & Behavioral Sciences,
746–753
Salend, Spencer J. 2011. Creating Inclusive Classrooms
(7th ed). New York:Newpaltz.
Sulayman, H. I. 2014. Values-based curriculum model: A
practical application of integrated ‘maqasid al-
sharia’for wholeness development of mankind.
Procedia-Social and Behavioral Sciences, 123, 477-
484.
Tekin, A. K. 2015. Improving child rights in the gulf:
Expectations from the brand-new child law of oman.
Children and Youth Services Review, 50, 12-19.
Special Education in Islamic Law Perspective
523