The Rights of Children in Islamic Law-II

Giving the good name: The baby may be named on the day of birth or later on the seventh day or past the seventh day. There is a Prophetic tradition narrated by Abu Wahb Aljushaimi. It says:

Written by

DR. INAMULLAH AZMI FALAHI

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Giving the good name: The baby may be named on the day of birth or later on the seventh day or past the seventh day.

There is a Prophetic tradition narrated by Abu Wahb Aljushaimi. It says:

«تَسَمَّوْا بِأَسْمَاءِ الْأَنْبِيَاءِ، وَأَحَبُّ الْأَسْمَاءِ إِلَى اللَّهِ عَبْدُ اللَّهِ، وَعَبْدُ الرَّحْمَنِ، وَأَصْدَقُهَا حَارِثٌ، وَهَمَّامٌ، وَأَقْبَحُهَا حَرْبٌ وَمُرَّةُ»

“Keep the names of prophet, the most desirable names by Allah are Abdullah and Abdur Rahman, and names that dispose honesty such as Haris (planter) and Hammam (thoughtful). The most disliked names are Harb (battle) and Murrah (bitter).”

The Prophet says:

«إِنَّكُمْ تُدْعَوْنَ يَوْمَ الْقِيَامَةِ بِأَسْمَائِكُمْ، وَأَسْمَاءِ آبَائِكُمْ، فَأَحْسِنُوا أَسْمَاءَكُمْ»

“On the day of Resurrection, you will be called by your names and your fathers’ names, so make your name good.”

 

SHAVING THE BABY’S HEAD

Shaving the baby’s head is Sunnah. The bay’s head should be shaved on the seventh day after birth. There is a hadīth:

قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «يَا فَاطِمَةُ، احْلِقِي رَأْسَهُ، وَتَصَدَّقِي بِزِنَةِ شَعْرِهِ فِضَّةً»

“So when Hasan was born, the Prophet (peace and blessings of Allah be to him) told his daughter Fatima: “Shave his head and give the weight of his hair in silver.”

 

AQEEQAH

In Islam it is recommended that parents observe the birth of a child with an offering known as the aqeeqah. When a child is born, it is commonplace for the family to slaughter one sheep for girl and two sheep for boy and to invite relatives and neighbours to a meal, in order to allow the community to share in the happy event.

Aqeeqah is Sunnah. The Prophet (peace and blessings of Allah be to him) says:

«الغُلَامُ مُرْتَهَنٌ بِعَقِيقَتِهِ يُذْبَحُ عَنْهُ يَوْمَ السَّابِعِ، وَيُسَمَّى، وَيُحْلَقُ رَأْسُهُ».

“Every child is in pledge for its Aqeeqah which is sacrificed for it on its seventh day, and it is named on it, and its head is shaved.”

The Prophet (peace and blessings of Allah be to him) also says:

«عَنِ الْغُلَامِ شَاتَانِ مُكَافِئَتَانِ، وَعَنِ الْجَارِيَةِ شَاةٌ»

“For the boy two equal sheep, and for the girl, a single sheep.”

Ibn al-Qayyim, said that the aqeeqah is a sacrifice by means of which the child is brought close to Allah soon after he comes into this world, it is a sacrifice by which the newborn is ransomed just as Allah ransomed Ismael with the ram.

 

KHITAN (CIRCUMCISION)

One of the rituals pertaining to newborn children and part of the rights due to children is circumcision. It is mentioned in a hadīth. Prophet Muhammad (peace and blessings of Allah be to him) says:

«الفِطْرَةُ خَمْسٌ: الخِتَانُ، وَالِاسْتِحْدَادُ، وَقَصُّ الشَّارِبِ، وَتَقْلِيمُ الأَظْفَارِ، وَنَتْفُ الآبَاطِ».

“Five things are part of the inherent nature of people. They are circumcision, shaving the pubic hair, plucking the armpit hair, cutting the nails, and trimming the moustache. These things are related to purity and essential conditions of prayer and imply complete submission to the Will of Allah.”

 

MAINTENANCE

Maintenance generally means the responsibility to spend one’s own earning or property for the sustenance of some other person. Here maintenance means making all the arrangements for nourishment, health, education and training. Under Islamic Law it is the father’s duty to provide maintenance for his children. The daughters are entitled to be maintained till they get married; even if the marriage takes place after attainment of puberty. The Prophet says:

«كَفَى بِالْمَرْءِ إِثْمًا أَنْ يُضَيِّعَ مَنْ يَقُوتُ»

It is enough of a sin for a man to mislead those whom he provides for.”

 

NURTURING THE NEWBORN

Islam has made breast-feeding an established right of the child, whether his mother or someone else provides it. The noble ayahs that have guaranteed this right to the infant also guaranteed the rights of all parties involved so that none will be harmed. The Almighty says:

وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلاَدَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ وَعلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ لاَ تُكَلَّفُ نَفْسٌ إِلاَّ وُسْعَهَا لاَ تُضَآرَّ وَالِدَةٌ بِوَلَدِهَا وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ وَعَلَى الْوَارِثِ مِثْلُ ذَلِكَ فَإِنْ أَرَادَا فِصَالًا عَن تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلاَ جُنَاحَ عَلَيْهِمَا وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُواْ أَوْلاَدَكُمْ فَلاَ جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ آتَيْتُم بِالْمَعْرُوفِ وَاتَّقُواْ اللّهَ وَاعْلَمُواْ أَنَّ اللّهَ بِمَا تَعْمَلُونَ بَصِيرٌ  (سورة البقرة 233).

“Mothers shall suckle their children for two years completely, for whoever desires to fulfil the suckling. It is for the father to provide for them and clothe them with kindness. No soul is charged except to its capacity. A mother shall not be harmed for her child, neither a father for his child. And upon the heir is like that. If both desire to wean by mutual consent and consultation, then no guilt shall be on them. And if you desire a wet nurse for your children, then no guilt shall be on you if you hand over what you have given with kindness. And fear Allah, and know that Allah is the seer of what you do.”

Islam has commanded that children be breastfed until they attain their full power and strength. Breastfeeding has a great impact on the growth and development of the child.

 

JUST AND EQUAL TREATMENT

Injustice is prohibited in Islam. Children are also entitled to just and equal treatment. No child should be given priority or any type of preference over the other in terms of gifts, grants, ownership or inheritance. An unfair treatment to children may result in bad behaviour towards either or both parents in old age. Narrated by An-Nauman bin Bashir (may Allah be pleased with him), my mother asked my father to present me a gift from his property, and he gave it to me after some hesitation. My mother said that she would not be satisfied until the Prophet (peace and blessings of Allah be to him) was made a witness to it. I being a young boy, my father helped me by the hand and took me to the Prophet. He said to the Prophet (peace and blessings of Allah be to him): “His mother, bint Rawaha, requested me to give this boy a gift, and I want you to be witness. Upon hearing this man’s request, the Prophet asked, “Do you have other sons besides him?” He said, “Yes.” The Prophet said, “Do not make me witness for injustice.”

 

RIGHT TO EDUCATION

According to Islam, one of the important parents’ obligations is that the children to be properly brought up, raised and educated. Children therefore are a trust given to parents. Parents will be responsible for this trust on the Day of Judgment. Parents are essentially responsible for moral, ethical, and the basic and essential religious teachings of their children. Allah says:

“وَالَّذِينَ آمَنُوا وَاتَّبَعَتْهُمْ ذُرِّيَّتُهُم بِإِيمَانٍ أَلْحَقْنَا بِهِمْ ذُرِّيَّتَهُمْ وَمَا أَلَتْنَاهُم مِّنْ عَمَلِهِم مِّن شَيْءٍ  كُلُّ امْرِئٍ بِمَا كَسَبَ رَهِينٌ” (سورة الطور 21).

“And those who believe and whose families follow them in Faith,- to them shall We join their families: Nor shall We deprive them (of the fruit) of aught of their works: (Yet) is each individual in pledge for his deeds.”

And the Messenger of Allah says:

“ إِذَا مَاتَ الْإِنْسَانُ انْقَطَعَ عَنْهُ عَمَلُهُ إِلَّا مِنْ ثَلَاثَةٍ: إِلَّا مِنْ صَدَقَةٍ جَارِيَةٍ، أَوْ عِلْمٍ يُنْتَفَعُ بِهِ، أَوْ وَلَدٍ صَالِحٍ يَدْعُو لَهُ ”

The Messenger of Allah (peace and blessings of Allah be to him) said, “When a man dies, his deeds come to an end except for three things: Sadaqah Jariyah (ceaseless charity); a knowledge which is beneficial, or a virtuous descendant who prays for him (for the deceased).”

If fact, such a statement reflects the value of the proper upbringing of children. It has the everlasting effect even after death.

These are many rights of children which are mentioned in the Holy Qur’ān and tradition of Prophet Muhammad. Some of them I have mentioned here. The children’s rights are protected in Islamic law. Islam not only designates rights of children after they are born, but also they have rights before their birth. (Concluded)

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