Islam and children
Encyclopedia
The topic of Islam and children includes the rights of children in Islam
, children's duties towards their parents, and parent's rights over their children, both biological and foster children
. Also discussed are some of the differences regarding rights with respect to different schools of thought.
terms dhurriyya; ghulām; ibn; walad; walīd; mawlūd; ṣabī; tifl; saghir) but according to Avner Giladi, the context seldom makes it clear whether it is exclusively referring to the non-mature. The Quranic statements about children, Giladi states, are mainly concerned with "infanticide
, adoption, breast-feeding, and fatherless children." These statements were of a normative-ethical significance for later Muslim jurists
who formed the foundations of Islamic legislation.
Adoption was a common practice in pre-Islamic Arabia
. According to this custom, the adopted son would take the name of his adoptive parent, and would be assimilated into the family in a "legal sense".
Islam
The Quran replaced the pre-Islamic custom of adoption by the recommendation that "believers treat children of unknown origin as their brothers in the faith".
Thus if a child is adopted he or she does not become a son or daughter, but rather a ward
of the adopting caretaker(s). The child’s family name is not changed to that of the adopting parent(s) and his or her guardians
are publicly known as such. Legally, this is close to other nations' systems for foster care
. Other common rules governing adoption in Islamic culture address inheritance, marriage regulations, and the fact that adoptive parents are considered trustees of another individual's child rather than the child's new parents.
In pre-Islamic Arabia, like the Jewish and Christian tradition, sexual relations between males and their milk-mothers
or milk-sisters are looked upon as incest, also if they were adopted they couldn't breast feed
.
Advent of Islam
The Quran forbade sexual relations
between males and their milk-mothers
or milk-sisters. According to Avner Giladi, verses
233 of sura
2 (Al-Baqara
) and 6 of sura 65 (At-Talaq
) aim at "protecting repudiated but still lactating women and their nurslings by guaranteeing them economic support from the father for at least two years and by sanctioning non-maternal nursing when needed."
himself was an orphan and an early Quranic verse celebrates God's
providence and care towards him. Other Quranic verses identify those who repulse the orphan as unbelievers, rebuke those who do not honor the orphans and encourage the unbelievers to feed the orphans. The Quran speaks of the reward waiting for those who feed orphans, poor and the prisoner for the love of God. It also warns those who wrongfully consume the property of orphans that they will be punished in the hereafter with "fire in their own bellies". The Quran also gives concrete instructions to guardians regarding the orphans, particularly on how to protect their wealth and property rights.
Islamic scholar and prominent thinker Muhammad Husayn Tabatabaei, who is given the titles Allamah
and Sayyid
, renowned for his Quranic exegesis
explains that verses 57 to 59 of sura 16 (An-Nahl
) indicate how God admonished pagan
polytheistic
tribes for their sexism
:
A tradition reports:
) in respect of which is obligatory for the Muslim community
to follow. His behavior towards children was demonstrably kind. Instances of Muhammad professing affection for children are recorded in hadith:
Another tradition relates his emphasis on treating children with respect and understanding:
s are strictly forbidden in Islam, as Islamic marriages
are contracts between two consenting parties
referred to as mithaq
.
It has been quoted from Muhammad:
In addition, Muhammad gave women the power to annul their marriages if it was found that they had been married against their consent.
In Islam, marriage is essentially a contract. However, the distinction between sacred and secular was never explicit in Islam. Any action or transaction in Islam has religious implications. It is not quite accurate, therefore, to designate marriage in Islam simply as a secular contract.
For a valid marriage, the following conditions must be satisfied, this is in accordance with all schools of thought:
The Maliki
school of thought gives the right of Ijbar to the guardian. Ijbar is defined as the annulment of marriage due to objection by male guardian. According to Malik ibn Anas
, children due to their immaturity may choose an unsuitable partner for themselves, hence, the power of Ijbar has been given to the guardian so that he may overrule the child to marry someone he thinks is unsuitable for her. This is the legal right given to the guardian for girls by Maliki school of thought. In addition, Islam requires that parents be followed in almost every circumstances, hence parents may ask their children to divorce a certain person, but this cannot be upheld in an Islamic court of law and is not a legal right of the parent.
, and "quite young children may be legally married". The girl may not live with the husband however until she is fit for marital sexual relations. The Hanafi
madhhab of Islamic fiqh
maintains that a wife must not be taken to her husband's house until she reaches the condition of fitness for sexual relations. Levy adds:
In Islamic legal terminology, Baligh
refers to a person who has reached maturity, puberty
or adulthood and has full responsibility under Islamic law
. Legal theorists assign different ages and criteria for reaching this state for both males and females. In marriage baligh is related to the Arabic legal expression, hatta tutiqa'l-rijal, which means that the wedding may not take place until the girl is physically fit to engage in sexual intercourse
. In comparison, baligh or balaghat concerns the reaching of sexual maturity
which becomes manifest by the menses
. The age related to these two concepts can, but need not necessarily, coincide. Only after a separate condition called rushd, or intellectual maturity to handle one's own property, is reached can a girl receive her bridewealth
.
) in the Quran, Muhammad instructed adoptive parents to refer to their adoptive children by the names of their biological parents, if known:
The guardian/child relationship under Islamic law regarding is slightly different than the guardian/adoptee relationship under the civil law. Islamic adoption is termed kafala, originating from a word meaning "to feed." In essence, it describes more of a foster-parent relationship. Some other Islamic customs surrounding this relationship are:
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
, children's duties towards their parents, and parent's rights over their children, both biological and foster children
Fosterage
Fosterage, the practice of a family bringing up a child not their own, differs from adoption in that the child's parents, not the foster-parents, remain the acknowledged parents. In many modern western societies foster care can be organised by the state to care for children with troubled family...
. Also discussed are some of the differences regarding rights with respect to different schools of thought.
Children in the Quran
The Quran uses various terms for children (e.g. ArabicArabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
terms dhurriyya; ghulām; ibn; walad; walīd; mawlūd; ṣabī; tifl; saghir) but according to Avner Giladi, the context seldom makes it clear whether it is exclusively referring to the non-mature. The Quranic statements about children, Giladi states, are mainly concerned with "infanticide
Infanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
, adoption, breast-feeding, and fatherless children." These statements were of a normative-ethical significance for later Muslim jurists
Ulama
-In Islam:* Ulema, also transliterated "ulama", a community of legal scholars of Islam and its laws . See:**Nahdlatul Ulama **Darul-uloom Nadwatul Ulama **Jamiatul Ulama Transvaal**Jamiat ul-Ulama -Other:...
who formed the foundations of Islamic legislation.
Adoption
Pre-Islamic ArabiaAdoption was a common practice in pre-Islamic Arabia
Pre-Islamic Arabia
Pre-Islamic Arabia refers to the Arabic civilization which existed in the Arabian Plate before the rise of Islam in the 630s. The study of Pre-Islamic Arabia is important to Islamic studies as it provides the context for the development of Islam.-Studies:...
. According to this custom, the adopted son would take the name of his adoptive parent, and would be assimilated into the family in a "legal sense".
Islam
The Quran replaced the pre-Islamic custom of adoption by the recommendation that "believers treat children of unknown origin as their brothers in the faith".
Thus if a child is adopted he or she does not become a son or daughter, but rather a ward
Ward (law)
In law, a ward is someone placed under the protection of a legal guardian. A court may take responsibility for the legal protection of an individual, usually either a child or incapacitated person, in which case the ward is known as a ward of the court, or a ward of the state, in the United States,...
of the adopting caretaker(s). The child’s family name is not changed to that of the adopting parent(s) and his or her guardians
Legal guardian
A legal guardian is a person who has the legal authority to care for the personal and property interests of another person, called a ward. Usually, a person has the status of guardian because the ward is incapable of caring for his or her own interests due to infancy, incapacity, or disability...
are publicly known as such. Legally, this is close to other nations' systems for foster care
Foster care
Foster care is the term used for a system in which a minor who has been made a ward is placed in the private home of a state certified caregiver referred to as a "foster parent"....
. Other common rules governing adoption in Islamic culture address inheritance, marriage regulations, and the fact that adoptive parents are considered trustees of another individual's child rather than the child's new parents.
Breast-feeding
Pre-Islamic ArabiaIn pre-Islamic Arabia, like the Jewish and Christian tradition, sexual relations between males and their milk-mothers
Milk kinship
Milk kinship, formed during nursing by a non-biological mother, was a form of fostering allegiance with fellow community members. This particular form of kinship did not exclude particular groups, such that class and other hierarchal systems did not matter in terms of milk kinship...
or milk-sisters are looked upon as incest, also if they were adopted they couldn't breast feed
Breastfeeding
Breastfeeding is the feeding of an infant or young child with breast milk directly from female human breasts rather than from a baby bottle or other container. Babies have a sucking reflex that enables them to suck and swallow milk. It is recommended that mothers breastfeed for six months or...
.
Advent of Islam
The Quran forbade sexual relations
Mahram
In Islamic sharia legal terminology, a mahram is an unmarriageable kin with whom sexual intercourse would be considered incestuous, a punishable taboo...
between males and their milk-mothers
Rada (fiqh)
Radāʿ or ridāʿa is a technical term from Islamic jurisprudence meaning "the suckling which produces the legal impediment to marriage of foster-kinship". The term derives from the infinitive noun of the Arabic word radiʿa or radaʿa...
or milk-sisters. According to Avner Giladi, verses
Ayah
Ayah or Aayah is the Arabic word for sign or proof:"These are the Ayat of Allah, which We recite to you with truth...
233 of sura
Sura
A sura is a division of the Qur'an, often referred to as a chapter. The term chapter is sometimes avoided, as the suras are of unequal length; the shortest sura has only three ayat while the longest contains 286 ayat...
2 (Al-Baqara
Al-Baqara
Sura al-Baqarah is the second and longest chapter of the Qur'an. It is a Medinan sura and comprises 286 verses, including the single longest verse in the Qur'an...
) and 6 of sura 65 (At-Talaq
At-Talaq
Surat At-Talaq is the 65th sura of the Qur'an with 12 ayat.- External links :* at Quran reading.uuuq* at Quran Explorer* quran institute* at Sacred Texts...
) aim at "protecting repudiated but still lactating women and their nurslings by guaranteeing them economic support from the father for at least two years and by sanctioning non-maternal nursing when needed."
Fatherless children
The Quran in 19 verses forbids harsh and oppressive treatment of orphaned children while urging kindness and justice towards them. MuhammadMuhammad
Muhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...
himself was an orphan and an early Quranic verse celebrates God's
God in Islam
In Islamic theology, God is the all-powerful and all-knowing creator, sustainer, ordainer, and judge of the universe. Islam puts a heavy emphasis on the conceptualization of God as strictly singular . God is unique and inherently One , all-merciful and omnipotent. According to the Islamic...
providence and care towards him. Other Quranic verses identify those who repulse the orphan as unbelievers, rebuke those who do not honor the orphans and encourage the unbelievers to feed the orphans. The Quran speaks of the reward waiting for those who feed orphans, poor and the prisoner for the love of God. It also warns those who wrongfully consume the property of orphans that they will be punished in the hereafter with "fire in their own bellies". The Quran also gives concrete instructions to guardians regarding the orphans, particularly on how to protect their wealth and property rights.
Islamic scholar and prominent thinker Muhammad Husayn Tabatabaei, who is given the titles Allamah
Allamah
An Allamah , also spelled Allameh and Allama, is an honorary title carried by only the very highest scholars of Islamic thought, jurisprudence, and philosophy....
and Sayyid
Sayyid
Sayyid is an honorific title, it denotes males accepted as descendants of the Islamic prophet Muhammad through his grandsons, Hasan ibn Ali and Husain ibn Ali, sons of the prophet's daughter Fatima Zahra and his son-in-law Ali ibn Abi Talib.Daughters of sayyids are given the titles Sayyida,...
, renowned for his Quranic exegesis
Tafsir
Tafseer is the Arabic word for exegesis or commentary, usually of the Qur'an. Ta'wīl is a subset of tafsir and refers to esoteric or mystical interpretation. An author of tafsir is a mufassir .- Etymology :...
explains that verses 57 to 59 of sura 16 (An-Nahl
An-Nahl
Sura An-Nahl is the 16th. sura of the Qur'an, with 128 verses. Its name means "the bees".-Summary:This sura warns against polytheism, saying that the pagan gods cannot create anything , and against comparisons between Allah and any created beings . It also praises Allah for giving the Earth with...
) indicate how God admonished pagan
Paganism
Paganism is a blanket term, typically used to refer to non-Abrahamic, indigenous polytheistic religious traditions....
polytheistic
Polytheism
Polytheism is the belief of multiple deities also usually assembled into a pantheon of gods and goddesses, along with their own mythologies and rituals....
tribes for their sexism
Sexism
Sexism, also known as gender discrimination or sex discrimination, is the application of the belief or attitude that there are characteristics implicit to one's gender that indirectly affect one's abilities in unrelated areas...
:
Rights of children
- Children have the right to be fed, clothed, and protected until they reach adulthood.
- Children must have the respect, to enjoy love and affection from their parents.
- Children have the right to be treated equally, vis-a-vis their siblings in terms of financial gifts.
A tradition reports:
- Children have the right to education. A saying attributed to Muhammad relates:
- Parents are recommended to provide adequately for children in inheritance.
- UmarUmar`Umar ibn al-Khattāb c. 2 November , was a leading companion and adviser to the Islamic prophet Muhammad who later became the second Muslim Caliph after Muhammad's death....
in a SunniSunni IslamSunni Islam is the largest branch of Islam. Sunni Muslims are referred to in Arabic as ʾAhl ūs-Sunnah wa āl-Ǧamāʿah or ʾAhl ūs-Sunnah for short; in English, they are known as Sunni Muslims, Sunnis or Sunnites....
tradition summed up some of the rights of children in the following anecdote:
Rights of parents
With regard to Islam, some of the prerogatives of parents with respect to children, and countervailing rights of children are:- The first and foremost right of the parents is to be obeyed and respected by their children.
- The mother has the right to receive the best treatment than accorded to any other person, in addition the mother has the right of custody of the child in general circumstances, at least until she remarries.
- Parents have the right to be looked after by their children, and to receive physical or financial help as necessary, especially in their old age.
Muhammad and children
Muhammad established laws and examples (sunnahSunnah
The word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
) in respect of which is obligatory for the Muslim community
Ummah
Ummah is an Arabic word meaning "community" or "nation." It is commonly used to mean either the collective nation of states, or the whole Arab world...
to follow. His behavior towards children was demonstrably kind. Instances of Muhammad professing affection for children are recorded in hadith:
Another tradition relates his emphasis on treating children with respect and understanding:
Consent
All Sunni schools of thought agree that forced marriageForced marriage
Forced marriage is a term used to describe a marriage in which one or both of the parties is married without his or her consent or against his or her will...
s are strictly forbidden in Islam, as Islamic marriages
Marriage in Islam
Marriage in Islam is an Islamic prenuptial contract between a man and woman to live as husband and wife. It is a formal, binding contract considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride involved in marriage proceedings...
are contracts between two consenting parties
Islamic Marriage Contract
An Islamic marriage contract is an Islamic prenuptial agreement. It is a formal, binding contract considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the groom and bride or other parties involved in marriage proceedings.-Witnessing:In Sunni Islam, a...
referred to as mithaq
Mithaq
Misaq/Mithaq is an Arabic and Persian word meaning covenant.-In religion:Misaq is a strict oath of allegiance taken by the Dā‘ī l-Muṭlaq of the Dawoodi Bohra faith from his followers so as to pledge their absolute loyalty to the Imām and Dā‘ī l-Muṭlaq. Similar to a bar mitzvah, followers must be a...
.
It has been quoted from Muhammad:
In addition, Muhammad gave women the power to annul their marriages if it was found that they had been married against their consent.
In Islam, marriage is essentially a contract. However, the distinction between sacred and secular was never explicit in Islam. Any action or transaction in Islam has religious implications. It is not quite accurate, therefore, to designate marriage in Islam simply as a secular contract.
For a valid marriage, the following conditions must be satisfied, this is in accordance with all schools of thought:
- There must be a clear proposal.
- There must be a clear acceptance, but silence is taken as acceptance as well.
- There must be at least two competent witnesses. This is necessary to exclude illicit sex and to safeguard legitimacy of progeny. It is recommended that marriage should be widely publicized.
- There must be a marriage gift, little or more, by the bridegroom to the bride.
The Maliki
Maliki
The ' madhhab is one of the schools of Fiqh or religious law within Sunni Islam. It is the second-largest of the four schools, followed by approximately 25% of Muslims, mostly in North Africa, West Africa, the United Arab Emirates, Kuwait, and in some parts of Saudi Arabia...
school of thought gives the right of Ijbar to the guardian. Ijbar is defined as the annulment of marriage due to objection by male guardian. According to Malik ibn Anas
Malik ibn Anas
Mālik ibn Anas ibn Mālik ibn Abī 'Āmir al-Asbahī is known as "Imam Malik," the "Sheikh of Islam", the "Proof of the Community," and "Imam of the Abode of Emigration." He was one of the most highly respected scholars of fiqh in Sunni Islam...
, children due to their immaturity may choose an unsuitable partner for themselves, hence, the power of Ijbar has been given to the guardian so that he may overrule the child to marry someone he thinks is unsuitable for her. This is the legal right given to the guardian for girls by Maliki school of thought. In addition, Islam requires that parents be followed in almost every circumstances, hence parents may ask their children to divorce a certain person, but this cannot be upheld in an Islamic court of law and is not a legal right of the parent.
Age of marriage
No age limits have been fixed by Islam for marriage according to Reuben LevyReuben Levy
Reuben Levy was Professor of Persian at the University of Cambridge, who wrote on Persian literature and Islamic history.-Life:...
, and "quite young children may be legally married". The girl may not live with the husband however until she is fit for marital sexual relations. The Hanafi
Hanafi
The Hanafi school is one of the four Madhhab in jurisprudence within Sunni Islam. The Hanafi madhhab is named after the Persian scholar Abu Hanifa an-Nu‘man ibn Thābit , a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani...
madhhab of Islamic fiqh
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
maintains that a wife must not be taken to her husband's house until she reaches the condition of fitness for sexual relations. Levy adds:
In Islamic legal terminology, Baligh
Baligh
In Islamic legal terminology, Baligh or Bulugh refers to a person who has reached maturity or puberty and has full responsibility under Islamic law....
refers to a person who has reached maturity, puberty
Puberty
Puberty is the process of physical changes by which a child's body matures into an adult body capable of reproduction, as initiated by hormonal signals from the brain to the gonads; the ovaries in a girl, the testes in a boy...
or adulthood and has full responsibility under Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
. Legal theorists assign different ages and criteria for reaching this state for both males and females. In marriage baligh is related to the Arabic legal expression, hatta tutiqa'l-rijal, which means that the wedding may not take place until the girl is physically fit to engage in sexual intercourse
Sexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
. In comparison, baligh or balaghat concerns the reaching of sexual maturity
Sexual maturity
Sexual maturity is the age or stage when an organism can reproduce. It is sometimes considered synonymous with adulthood, though the two are distinct...
which becomes manifest by the menses
Menstrual cycle
The menstrual cycle is the scientific term for the physiological changes that can occur in fertile women for the purpose of sexual reproduction. This article focuses on the human menstrual cycle....
. The age related to these two concepts can, but need not necessarily, coincide. Only after a separate condition called rushd, or intellectual maturity to handle one's own property, is reached can a girl receive her bridewealth
Bride price
Bride price, also known as bride wealth, is an amount of money or property or wealth paid by the groom or his family to the parents of a woman upon the marriage of their daughter to the groom...
.
Orphans and adoptees
From verses 4 and 5 in sura 33 (Al-AhzabAl-Ahzab
Surat Al-Ahzab is the 33rd sura of the Qur'an with 73 ayat.Verse 5: Adoption in Islam.Ayat 6 contains a reference to the term Mother of Believers.Ayat 25 contains a reference to Battle of the trench....
) in the Quran, Muhammad instructed adoptive parents to refer to their adoptive children by the names of their biological parents, if known:
The guardian/child relationship under Islamic law regarding is slightly different than the guardian/adoptee relationship under the civil law. Islamic adoption is termed kafala, originating from a word meaning "to feed." In essence, it describes more of a foster-parent relationship. Some other Islamic customs surrounding this relationship are:
- An adopted child inherits from his or her biological parents, not automatically from the adoptive parents.
- When the child is grown, members of the adoptive family are not considered blood relatives, and are therefore not muhrim to him or her. Muhrim refers to a specific legal relationship that regulates marriage and other aspects of life. Essentially, members of the adoptive family would be permissible as possible marriage partners, and rules of modesty exist between the grown child and adoptive family members of the opposite sex.
- If the child is provided with property/wealth from the biological family, adoptive parents are commanded to take care and not intermingle that property/wealth with their own. They serve merely as trustees.