Misplaced Pages

Islam and children: Difference between revisions

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
Browse history interactively← Previous editNext edit →Content deleted Content addedVisualWikitext
Revision as of 01:09, 5 March 2007 editArrow740 (talk | contribs)7,908 edits ←Undid revision 112697152 by 71.172.136.156 (talk)← Previous edit Revision as of 01:09, 5 March 2007 edit undo71.172.136.156 (talk) ←Undid revision 112697775 by Arrow740 (talk)Next edit →
Line 1: Line 1:
{{totallydisputed}} {{totallydisputed}}
{{Rights}}
{{Islam}} {{Islam}}


'''Islam and children''' discuss parents' treatment of their children, both males and females, ] and ] children, as well as the conduct of slavemasters with respect to children enslaved from birth, all as according to ]. '''Islam and children''' discusses parents' treatment of their children, both males and females, ] and ] children, as well as the conduct of slavemasters with respect to children enslaved from birth, all as according to ].


==Children's rights in general==
==Speculation about the existence of children's rights==
Some commentators have speculated upon the existence of financial rights reposed in children under Islam.


Free born ] children are entitled various rights. {{Fact|date=January 2007}}
Those rights may be defined as:
"Children also have the right to be treated equally in terms of financial gifts. No one should be preferred over the others. All must be treated fairly and equally. None should be deprived his gift from the parents. Depriving, or banning the right of inheritance, or other financial gifts during the lifetime of the parents or the preference of a parent for one child over the other is considered according to Islam as an act of injustice. Injustice will definitely lead to an atmosphere of hatred, anger and dismay amongst the children in a household. In fact, such an act of injustice may, most likely, lead to animosity amongst the children, and consequently, this will affect the entire family environment."
* a right to be treated equally, vis-a-vis their siblings in terms of financial gifts.
* a right to a share of inheritance, with the rights of girls deprecated to the enrichment of boys (females are generally dignified with only a half the inheritance share of males - see ])


There is a ]{{who}} reported by both ] and ] as follows:<ref name="injustice">http://www.missionislam.com/family/childrensrights.htm</ref> There is a ]{{who}} reported by both ] and ] as follows:<ref name="injustice">http://www.missionislam.com/family/childrensrights.htm</ref>


<blockquote>"It is narrated by ],who said that Allah's Apostle (]), wa''s approached by one of his companions, ], who said: "O Prophet of Allah! I have granted a servant to one of my children (asking him to testify to that gift)." But Allah's Apostle asked him: "Did you grant the same to each and every child of yours?" When Allah's Apostle, was informed negatively about that, he said: "Fear Allah, the Almighty, and be fair and just to all your children. Seek the testimony of another person, other than me. I will not testify to an act of injustice."</blockquote>
===Muhammad and children=== ===Muhammad and children===
⚫ Muhammed established laws and examples (]) in respect of which it was obligatory for the Muslim community to follow. Although his behavior towards children was demonstrably kind, he also tolerated the circumstance that children could be born into and remain in ] if their parents were owned as ]<ref>Levy, p.75</ref> or their mother was a slave not owned by their father.<ref>Levy, p.79</ref> The children of a married slave-girl (not an ''umm walad'') are enslaved to their mother's owner even if their father is a free man.<ref>Levy, p.79</ref> As such they could be traded, bought by others, lent, hired out for fee, or used as a pledge. Their status amounted to ], or personal property, of their owner.<ref name="Levy"> Levy 1969; The Social Structure of Islam, by Reuben Levy - Professor of Persian in the University of Cambridge, Cambridge University Press. p.76</ref>
{{quotefarm}}
⚫ Muhammed established laws and examples (]) in respect of which it was obligatory for the Muslim community to follow. Although his behavior towards children was demonstrably kind, he also tolerated the circumstance that children could be born into and remain in ] through no fault of their own other than the circumstance that both of their parents were owned as ]<ref>Levy, p.75</ref> or their mother was a slave not owned by their father.<ref>Levy, p.79</ref> The children of a married slave-girl (not an ''umm walad'') are enslaved to their mother's owner even if their father is a free man.<ref>Levy, p.79</ref> As such they could be traded, bought by others, lent, hired out for fee, or used as a pledge. Their status of such child slaves amounted to ], or personal property, of their owner.<ref name="Levy"> Levy 1969; The Social Structure of Islam, by Reuben Levy - Professor of Persian in the University of Cambridge, Cambridge University Press. p.76</ref>


Instances of Muhammed professing affection for specific children are recorded in ]: The sunnah record examples of Muhammed spending time with children and playing with them:
<blockquote>I went along with Allah’s Messenger (peace and blessings be upon him) at a time during the day but he did not talk to me and I did not talk to him until he reached the market of Banu Qainuqa`. He came back to the tent of Fatimah and said, “Is the little chap (meaning Al-Hasan) there?” We were under the impression that his mother had detained him in order to bathe him and dress him and garland him with sweet garland. Not much time had passed that he (Al-Hasan) came running until both of them embraced each other, thereupon Allah’s Messenger (peace and blessings be upon him) said, “O Allah, I love him; love him and love one who loves him.” (])</blockquote> <blockquote>I went along with Allah’s Messenger (peace and blessings be upon him) at a time during the day but he did not talk to me and I did not talk to him until he reached the market of Banu Qainuqa`. He came back to the tent of Fatimah and said, “Is the little chap (meaning Al-Hasan) there?” We were under the impression that his mother had detained him in order to bathe him and dress him and garland him with sweet garland. Not much time had passed that he (Al-Hasan) came running until both of them embraced each other, thereupon Allah’s Messenger (peace and blessings be upon him) said, “O Allah, I love him; love him and love one who loves him.” (])</blockquote>


<blockquote>Allah’s Messenger used to put me on (one of) his thighs and put Al-Hasan ibn `Ali on his other thigh, and then embrace us and say, “O Allah! Please be merciful to them, as I am merciful to them.” (])</blockquote> <blockquote>Allah’s Messenger used to put me on (one of) his thighs and put Al-Hasan ibn `Ali on his other thigh, and then embrace us and say, “O Allah! Please be merciful to them, as I am merciful to them.” (])</blockquote>


There are also examples of children causing themselves to urinate when being given into his control: There are examples of children causing themselves to urinated when when being given over to his control:
<blockquote>Narrated `A’ishah: The Prophet took a child in his lap … and then the child urinated on him, so he asked for water and poured it over the place of the urine. (Bukhari)</blockquote> <blockquote>Narrated `A’ishah: The Prophet took a child in his lap … and then the child urinated on him, so he asked for water and poured it over the place of the urine. (Bukhari)</blockquote>


Another tradition speaks of his shortening prayers on occasion out of consideration for mothers: He is known to have shortened prayers out of consideration for mothers with children:
<blockquote>He said, “(It happens that) I start the prayer intending to prolong it, but on hearing the cries of a child, I shorten the prayer because I know that the cries of the child will incite its mother’s passions.” (Bukhari)</blockquote> <blockquote>He said, “(It happens that) I start the prayer intending to prolong it, but on hearing the cries of a child, I shorten the prayer because I know that the cries of the child will incite its mother’s passions.” (Bukhari)</blockquote>


He excepted children and women, but not male civilians, from the scope of battlefield executions: He excepted children and women, but not male civilians, from the scope of battlefield executions:
<blockquote> Narrated Ibn 'Umar: During some of the ] of Allah's Apostle a woman was found killed, so Allah's Apostle forbade the killing of women and children. (Bukhari 4:52:258)</blockquote> <blockquote> Narrated Ibn 'Umar: During some of the ] of Allah's Apostle a woman was found killed, so Allah's Apostle forbade the killing of women and children. (Bukhari 4:52:258)</blockquote>

He took the child ] as one of his wives when she was aged six.<ref>Sahih Bukhari 5:58:234 and Sahih Muslim 8:3311</ref> They began their sexual relationship when she was aged nine.<ref> D. A. Spellberg; Politics, Gender, and the Islamic Past: the Legacy of A'isha bint Abi Bakr, Columbia University Press, 1994, p. 40</ref>


==Status of ] and ]== ==Status of ] and ]==
By a verse in the Qur'an, Muhammad instructed adoptive parents to refer to their adoptive children by the names of their biological parents, if known: By a verse in the Qur'an, Muhammad instructed adoptive parents to refer to their adoptive children by the names of their biological parents, if known:


<blockquote>... Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers; that is juster in the sight of Allah. But if you know not their father's (names, call them) your brothers in faith, or your trustees. But there is no blame on you if you make a mistake therein. (What counts is) the intention of your hearts. And Allah is Oft-Returning, Most Merciful.|(Qur'an {{Quran-usc|33|4-5}}</blockquote> {{cquotetxt|...Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers; that is juster in the sight of Allah. But if you know not their father's (names, call them) your brothers in faith, or your trustees. But there is no blame on you if you make a mistake therein. (What counts is) the intention of your hearts. And Allah is Oft-Returning, Most Merciful.|(Qur'an {{Quran-usc|33|4-5}}


The guardian/child relationship under Islamic law regarding is slightly different than the guardian/adoptee relationship under the civil law. Islamic adoption is termed ], 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: The guardian/child relationship under Islamic law regarding is slightly different than the guardian/adoptee relationship under the civil law. Islamic adoption is termed ], 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:
Line 48: Line 43:
{{cquotetxt|Did He not find you an orphan and give you shelter? And He found you wandering, and He gave you guidance. And He found you in need, and made you independent. Therefore, treat not the orphan with harshness, nor drive away a petitioner (unheard). But the bounty of the Lord - rehearse and proclaim.|(Qur'an {{Quran-usc|93|6-11}})}} {{cquotetxt|Did He not find you an orphan and give you shelter? And He found you wandering, and He gave you guidance. And He found you in need, and made you independent. Therefore, treat not the orphan with harshness, nor drive away a petitioner (unheard). But the bounty of the Lord - rehearse and proclaim.|(Qur'an {{Quran-usc|93|6-11}})}}


==Child slavery== ==Child enslavement==
{{main| Islam and Slavery}} {{main| Islam and Slavery}}
Islam accepts the circumstance of children being held in ] from birth. The children of the marriage of two slaves are slaves and belong to the owner of the woman. If a free man marries a female slave not his own, the children become the property of the woman's master.<ref name="Levy"> p.79 Levy 1969, The Social Structure of Islam, by Reuben Levy - Professor of Persian in the University of Cambridge, Cambridge University Press.</ref> Islam accepts the circumstance of children being held in ] from birth. The children of the marriage of two slaves are slaves and belong to the owner of the woman. If a free man marries a female slave not his own, her previous children become the property of the woman's master if they are not already free.<ref name="Levy"> p.79 Levy 1969, The Social Structure of Islam, by Reuben Levy - Professor of Persian in the University of Cambridge, Cambridge University Press.</ref>


==Child marriage== ==Child marriage==
Line 67: Line 62:
A female child slave may alternatively be held in ] by her owner at his absolute discretion. A female child slave may alternatively be held in ] by her owner at his absolute discretion.
{{seealso|Ma malakat aymanukum| Ma malakat aymanukum and sex}} {{seealso|Ma malakat aymanukum| Ma malakat aymanukum and sex}}



==External links== ==External links==

Revision as of 01:09, 5 March 2007

Template:Totallydisputed

Rights
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights
Part of a series on
Islam
Beliefs
Practices
History
Culture and society
Related topics

Islam and children discusses parents' treatment of their children, both males and females, biological and foster children, as well as the conduct of slavemasters with respect to children enslaved from birth, all as according to Islam.

Children's rights in general

Free born Muslim children are entitled various rights. "Children also have the right to be treated equally in terms of financial gifts. No one should be preferred over the others. All must be treated fairly and equally. None should be deprived his gift from the parents. Depriving, or banning the right of inheritance, or other financial gifts during the lifetime of the parents or the preference of a parent for one child over the other is considered according to Islam as an act of injustice. Injustice will definitely lead to an atmosphere of hatred, anger and dismay amongst the children in a household. In fact, such an act of injustice may, most likely, lead to animosity amongst the children, and consequently, this will affect the entire family environment."

There is a hadith reported by both Bukhari and Muslim as follows:

Muhammad and children

Muhammed established laws and examples (sunnah) in respect of which it was obligatory for the Muslim community to follow. Although his behavior towards children was demonstrably kind, he also tolerated the circumstance that children could be born into and remain in slavery if their parents were owned as slaves or their mother was a slave not owned by their father. The children of a married slave-girl (not an umm walad) are enslaved to their mother's owner even if their father is a free man. As such they could be traded, bought by others, lent, hired out for fee, or used as a pledge. Their status amounted to chattels, or personal property, of their owner.

The sunnah record examples of Muhammed spending time with children and playing with them:

I went along with Allah’s Messenger (peace and blessings be upon him) at a time during the day but he did not talk to me and I did not talk to him until he reached the market of Banu Qainuqa`. He came back to the tent of Fatimah and said, “Is the little chap (meaning Al-Hasan) there?” We were under the impression that his mother had detained him in order to bathe him and dress him and garland him with sweet garland. Not much time had passed that he (Al-Hasan) came running until both of them embraced each other, thereupon Allah’s Messenger (peace and blessings be upon him) said, “O Allah, I love him; love him and love one who loves him.” (Sahih Muslim)

Allah’s Messenger used to put me on (one of) his thighs and put Al-Hasan ibn `Ali on his other thigh, and then embrace us and say, “O Allah! Please be merciful to them, as I am merciful to them.” (Sahih Bukhari)

There are examples of children causing themselves to urinated when when being given over to his control:

Narrated `A’ishah: The Prophet took a child in his lap … and then the child urinated on him, so he asked for water and poured it over the place of the urine. (Bukhari)

He is known to have shortened prayers out of consideration for mothers with children:

He said, “(It happens that) I start the prayer intending to prolong it, but on hearing the cries of a child, I shorten the prayer because I know that the cries of the child will incite its mother’s passions.” (Bukhari)

He excepted children and women, but not male civilians, from the scope of battlefield executions:

Narrated Ibn 'Umar: During some of the Ghazawat of Allah's Apostle a woman was found killed, so Allah's Apostle forbade the killing of women and children. (Bukhari 4:52:258)

Status of orphans and adoptees

By a verse in the Qur'an, Muhammad instructed adoptive parents to refer to their adoptive children by the names of their biological parents, if known:

{{cquotetxt|...Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers; that is juster in the sight of Allah. But if you know not their father's (names, call them) your brothers in faith, or your trustees. But there is no blame on you if you make a mistake therein. (What counts is) the intention of your hearts. And Allah is Oft-Returning, Most Merciful.|(Qur'an

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.

Harsh treatment of orphans is forbidden by another verse of the Qur'an:

Did He not find you an orphan and give you shelter? And He found you wandering, and He gave you guidance. And He found you in need, and made you independent. Therefore, treat not the orphan with harshness, nor drive away a petitioner (unheard). But the bounty of the Lord - rehearse and proclaim.

— (Qur'an )

Child enslavement

Main article: Islam and Slavery

Islam accepts the circumstance of children being held in slavery from birth. The children of the marriage of two slaves are slaves and belong to the owner of the woman. If a free man marries a female slave not his own, her previous children become the property of the woman's master if they are not already free.

Child marriage

No age limits have been fixed by Islam for marriage. Children of the youngest age may be married or promised for marriage, although a girl is not handed across to her husband 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. In case of a dispute on the matter between the husband and the bride's wali (her nearest male kinsman and her guardian), the qadi is to be informed and he is to appoint two matrons to examine the girl and report on her physical preparedness for marriage. If they decide she is too young, she must return to her father's house until she is judged fit. Betrothal may take place at any age. Actual marriage is later, with the age for it varying according to custom in different societies.

The requirement of a wali, for all schools of fiqh, are that he be a muslim of full age, a free man, and of sound mind and blameless character. It is the wali who, on payment of the agreed portion of the mahr hands the bride over to into the control of the husband.

Under Hanafi fiqh, the wali may give in marriage a girl who is a virgin and also a minor, after informing her that her suitor has presented himself, even if he (the suitor) is a slave. Her silence is taken as consent, but even if she says that she does not consent, the marriage is still lawful. Hanafi fiqh also strictly requires in such a case that the wali should be the bride's father, or else her son or other relative in the descendant line, if she has one; if not, then some other male relative may act.

Under Shafi'i fiqh, the marriage of a virgin is impossible without father or grandfather to act as wali.

The owner of a female child slave might give her in marriage to anyone that he is please without asking her consent. If he wished to marry her himself then he must first emancipate her and then seek her consent. The mahr of such a child slave bride belongs to her master in this exceptional case.

A female child slave may alternatively be held in concubinage by her owner at his absolute discretion.

See also: Ma malakat aymanukum and Ma malakat aymanukum and sex


External links

References

  1. http://www.missionislam.com/family/childrensrights.htm
  2. Levy, p.75
  3. Levy, p.79
  4. Levy, p.79
  5. ^ Levy 1969; The Social Structure of Islam, by Reuben Levy - Professor of Persian in the University of Cambridge, Cambridge University Press. p.76 Cite error: The named reference "Levy" was defined multiple times with different content (see the help page).
  6. Levy, p.106
  7. Levy, p.107
  8. Levy, p.110
  9. Shaybani, Jami al-saghir, p.37
  10. Levy, p.110
  11. Levy, p.111
  12. Levy, p.111
Category: