A Literature Review on the Challenges of Implementing the Right to Inclusive Education for Children with Disabilities (PwD) from the Perspectives of Islamic Law and Malaysian Law

Abstract

Inclusive education for children with disabilities is a highly relevant issue within Malaysia’s educational landscape. Islam also places considerable emphasis on the education of children, particularly those with disabilities, because education is not merely a civil right but also a religious obligation and a form of responsibility, or taklif, that must be fulfilled by society and the state. Nevertheless, discussions on the challenges involving the right to inclusive education right remains limited, particularly when examined through an integrated perspective of Islamic law and civil law. Accordingly, this study presents a literature review pertaining to the challenges in implementing the right to inclusive education for children with disabilities from the perspectives of Islamic law and Malaysian law. A comprehensive content analysis approach is employed to examine weaknesses in the existing legal framework through the concepts Siyasah Syar'iyyah, to ensure that educational policies are not merely rhetorical, but are grounded in substantive justice. The findings indicate that the challenges in implementing inclusive education for children with disabilities include inconsistencies in policies and infrastructure, weaknesses in the fulfilment of stakeholders’ roles, limited public awareness, inadequate teacher training, and gap in civil law. These legal gaps include the absence of a statutory obligation requiring private schools to provide inclusive education. This situation may be regarded as a form of jahalah that is inconsistent with the principles of maqasid al-shariah and Karamah Insaniah. This study is significant because it integrates the perspectives of civil law and Islamic law, which are rarely examined together, thereby providing an evidence base for improving policies and the implementation of inclusive education for children with disabilities in Malaysia.

Keywords: Inclusive education, special needs students, syariah perspective, right to education, implementation challenges, Malaysian law