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This article discusses children’s' rights given by Islam, children's duties towards their parents, parents' treatment of their children, both males and females, Biological and Foster Children , also discussed are some of the differences regarding rights with respect to different schools of thoughts.


PRE-ISLAMIC ARABIA AND ADVENT OF ISLAM

In the pre-Islamic Arabia, the children were considered as the properties of their fathers. The Arabs also had a custom of adoption in which an adopted child would be assimilated into another family in a legal sense. The pre-Islamic pagan Arab society also practiced Infanticide as a form of "post-partum birth control".Regarding the prevalence of this practice, we know it was "common enough among the pre-Islamic Arabs to be assigned a specific term, ''waʾd''" Donna Lee Bowen, Encyclopedia of the Qur'an, Infanticide infanticide was practiced either out of destitution (thus practiced on males and females alike), or as sacrifices to gods, or as "disappointment and fear of social disgrace felt by a father upon the birth of a daughter". With the advent of Islam, the idea of children being properties was rejected and the Arab custom of adoption was abrogated. Encyclopedia Of Islam , ''saghir'' The Qur'an also rejected infanticide, regarding it as a grave sin.

A. Giladi holds that Quran's rejection of the idea of Children as their fathers' property was a Judaeo-Christian influence and was a response to the challenge of structural changes in tribal society. The Quran also replaced the pre-Islamic custom of adoption by the recommendation that "believers treat children of unknown origin as their brothers in the faith and clients". , Adoption was viewed "as a lie, as an artificial tie between adults and children, devoid of any real emotional relationship, as a cause of confusion where lineage was concerned and thus a possible source of problems regarding marriage between members of the same family and regarding inheritance."


CHILDREN IN THE QUR'AN

The Qur'an uses various terms for children (e.g. Arabic 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 unmatures. Encyclopedia Of The Qur'an , ''Children'' The Qur'anic 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.


RIGHTS OF CHILDREN

  • Children have the right to be fed, clothed, and protected until they reach adulthood.1

  • Children have the right to enjoy love and affection from their parents.2

  • Children have the right to be treated equally, vis-a-vis their siblings in terms of financial gifts.


A tradition reports:
Prophet Muhammad was reported as saying: "Be fair and just in terms of the gifts you offer your children. If I was to give preference to any (gender over the other) I would have preferred females over males (in terms of giving gifts)."3Reported by '' Imam Bayhaqi ''

  • Children have the right to education.4 The Rights of Children In Islam "Imam Al-Ghazali’s views on children's education" A saying attributed to Muhammad relates:
    "A father gives his child nothing better than a good education."from Hadith collections compiled by Tirmidhi (#4977) and Baihaqi

  • Parents are recommended to provide adequately for children in inheritance.ibid.

  • Umar summed up some of the rights of children in the following anecdote:

  • One day a man came to Umar ibn al-Khattab to complain of disobedient son. So Umar had brought the boy to him and he blamed him for his disobedience. Then the boy addressed Umar by saying "O Commander of the faithful: Are there no rights for boy against his father?". Umar said "yes". Then the boy said "What are these rights O Commander of the Faithful?" Umar said, "To choose a good mother for him, to select good name to him and to teach him the Quran" Then the boy said: "O Commander of the faithful; my father has not accomplished any of these rights. As for my mother, she was a black slave for a Magian; As for my name, he has named me Jual (beetle); and he has not taught me even one letter from the Quran". Then Umar turned round to the man and said "you came to me complaining disobedience on the part of your son, whereas you have not given him his rights. So you have made mistakes against him before he has made mistakes against you".5




RIGHTS OF PARENTS

With regard to Islam, some of the prerogative 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. Parents' rights in Islam

  • The Prophet said thrice, "Should I inform you out the greatest of the great sins?" They said, "Yes, O Allah's Apostle!" He said, "To join others in worship with Allah and to be undutiful to one's parents." The Prophet then sat up after he had been reclining (on a pillow) and said, "And I warn you against giving a false witness", and he kept on saying that warning till we thought he would not stop. (See Hadith No. 7, Vol. 8) Sahih Bukhari Volume 3, Book 48, Number 822

  • 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. Mother in Qur'an & Sunnah "Who has more right to custody in Islam?"

  • A man came to the Prophet and said, "O Allah's Apostle! Who is more entitled to be treated with the best companionship by me?" The Prophet said, "Your mother." The man said. "Who is next?" The Prophet said, "Your mother." The man further said, "Who is next?" The Prophet said, "Your mother." The man asked for the fourth time, "Who is next?" The Prophet said, "Your father." Mother in Qur'an & Sunnah Sahih Bukhari, Volume 8, Book 73, Number 2

  • Parents have the right to spank those of their children above the age of ten years who neglect in performing Islamic prayers.http://www.jamiat.org.za/al-jamiat/v34children.html 'Disciplining of Children - An Islamic Perspective' by Mufti Z. Bhayat, citing Abu Dawood and Durr-Manthoor

  • Regarding those who would spank children a fatwa of the Mufti Kafaayatullah provides as follows:
    ‘Excluding the face and sensitive parts of the body, it is allowed to beat a child for the purposes of discipline so long as the limits are not transgressed. i.e. to beat the child in a manner that a wound is inflicted, or a bone fractured or broken, or a bruise appears or an internal disorder results (to the heart or brains, etc.). If the limits are transgressed as described above in any way, even by a single stroke, such a person will be regarded as sinful’ibid., citing the named author.

  • Parents have the right to rebuke their children to protect them from physical or moral harm.ibid.

  • 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.ibid.



MUHAMMAD AND CHILDREN

Muhammad established laws and examples ( Sunnah ) in respect of which it 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 (s):
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 Qaynuqa . 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 )

Abu Hurairah reported: The Prophet () looked at him and said, "He who does not show mercy to others will not be shown mercy".
( Sahih Bukhari and Sahih Muslim ).


Another tradition relates his emphasis on treating children with respect and understanding:
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)
.... Embarrassed, the father sprang forward. “What have you done, you silly boy” he shouted. His arm shoved forward to grab the child away from the Muhammad , his red face showing his anger. Fear and confusion showed in the face of the child. Muhammad restrained the man, and gently hugged the child to him. “Don’t worry,” he told the over-zealous father. “This is not a big issue. My clothes can be washed. But be careful with how you treat the child” he continued. “What can restore his self-esteem after you have dealt with him in public like this?”".6


Another tradition speaks of his shortening prayers on occasion out of consideration for mothers:
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)


Muhammad forbade the killing of women and children, even in the battlefield:
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.



MARRIAGE


Children in marriages



SLAVERY

See Also: Islam and slavery


Islam accepts certain circumstances of child enslavement. The children of the marriage of two slaves are born enslaved, as the property of the owner of the woman. If a free man marries a female slave not his own, any children they have will be enslaved from birth as the property of the woman's master. p.79 Levy 1969, The Social Structure of Islam, by Reuben Levy - Professor of Persian in the University of Cambridge, Cambridge University Press The same is true for the child born of a slave parent from an 'irregular union'.Levy, p.79 The children of the married slave girl not born from her owner likewise will be enslaved to him/her. If a child is born of a master and his slave, the child in that case is automatically free however his/her inheritance is reduced an amount representing the sale value of his/her slave parent.page 11 of 'Abd. Brunschvig. - Encyclopedia of Islam'


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