(The Human Right to Education and its Guarantees: A Comparative (Study Beetween Islamic Law and Positive Law

The status of the right to education comes from the fact that it represents the most important human rights in general and cultural rights in particular. Education in this life, because education is linked to different areas of life through which a person exercises his activities and life affairs. That is why the importance of the subject of our study marked (the human right to education and its guarantees, a comparative study between Islamic law and positive law), through which we touched on the status of this right and the guarantees guaranteed by Islamic Sharia to protect it from violation, which were included in the Qur’anic texts and prophetic hadiths, and what the people of the house spoke about the necessity of education And knowledge is for every human being. We have also clarified in this study the legal guarantees that ensured this right of man through the texts contained in the national constitutions of countries, in addition to what was stipulated in the regional and international charters concerned with human rights, where they clarified through their texts the right to education as a fundamental right. For every human being. The human rights declarations and protocols related to this also stipulate the right to education and the guarantees of its protection and guarantee for every human being without discrimination or preference, but this right is permissible for all humanity without discrimination among them because of language, race, origin, and gender or other. The conclusion of this study has resulted in a set of results and recommendations through which we request that the guarantees of the right to education be reconsidered, whether it is related to legal texts in charters, declarations and covenants, or at the level of the internal legislation of countries, especially with regard to Iraqi legislation in order to ensure the enjoyment of this right for every human being.