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{{Short description|Rights of children in Islam}} | |||
{{totallydisputed}} | |||
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{{Islam |culture}} | ||
] Muslim girls studying the ] placed atop folding ]s (]) during ] in ], ]]] | |||
{{Islam}} | |||
'''Islam and children''' |
The topic of '''Islam and children''' includes Islamic principles of ], the rights of children in ], the duties of children towards their parents, and the rights of parents over their children, both biological and ]. | ||
Islam identifies three distinct stages of child development, each lasting 7 years, from age 0-21. Each comes with specific prescriptions for what a child is to learn and what their relationship with their parents should be. | |||
==Children's rights in general== | |||
Muslims have the right to a marriage arranged by their parents when they are old enough, though the ] does not specify what age that is. Different traditions and countries have different views on readiness for marriage. | |||
Free born ] children are entitled various rights. {{Fact|date=January 2007}} | |||
"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." | |||
Fostering is strongly encouraged, but it is frowned upon to adopt a child and treat them as your own. Instead, they should maintain their own "natal identity." | |||
There is a ]{{who}} reported by both ] and ] as follows:<ref name="injustice">http://www.missionislam.com/family/childrensrights.htm</ref> | |||
== |
== Muhammad's interactions with children == | ||
Muhammad had ], three boys and four girls. All of his sons, including ], died in infancy. Because of this, his experience as a father is sometimes described as "sorrowful".<ref name=stewart113/> Muhammad also had an adopted son, Zayd, who is said to be the object of Muhammad's parental affection.<ref name=Watt230/> He also had two grandsons, ] and ], and three granddaughters, ], ], and ].<ref name=stewart113>Stewart, p.113</ref> In one Islamic tradition, Muhammad ran after Husayn in a game until he caught him.<ref name=Yust723/> Muhammad used to let Umamah sit on his shoulders while he was praying. When someone expressed astonishment at the Prophet when the Prophet kissed his grandchild, he responded, "what can I do if God has deprived your heart of all human feeling?"<ref name=Phipps/> | |||
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> | |||
Muhammad has been described as being very fond of children in general. Watt attributes this to Muhammad's yearning for children, as most of his own children died before him.<ref name=Watt230>Watt (1974), p. 230</ref> He comforted a child whose pet ] had died.<ref name=Phipps>Phipps, p. 120</ref> Muhammad played many games with children, joked with them and befriended them.<ref name=Watt230/> Muhammad also showed love to children of other religions. Once he visited his Jewish neighbor's son when the child was sick.<ref name=Yust723>Yust, p.72-3</ref> | |||
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> | |||
Once, Muhammad was sitting with a child in his lap, and the child urinated over Muhammad. Embarrassed, the father scolded the child. Muhammad restrained the father and advised him: "This is not a big issue. My clothes can be washed. But be careful with how you treat the child. What can restore his self-esteem after you have dealt with him in public like this?"<ref>{{cite book | last=Kassamali | first=Tahera | title=Raising Children | publisher=Tayyiba Publishers & Distr}}</ref> | |||
<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> | |||
== Child development == | |||
There are examples of children causing themselves to urinated when when being given over to his control: | |||
In an hadith, Muhammad prescribed three stages of ] of seven years each; according to Muhammad:<ref>{{cite book |last=Starrett |first= Gregory|author-link= |date=March 26, 1998 |title=Putting Islam to Work |url= https://books.google.com/books?id=lkPRGi9P2JwC&dq=islam+child+seven+year+stage&pg=PA103 |location= |publisher= ]|page= 103|isbn= 9780520919303}}</ref> | |||
<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> | |||
* During the first seven years, a child should have the freedom to explore their curiosities, and to look at and experiment with things as they so choose, with little or no parental interference in such pursuits. Mothers are tasked with a larger role in this first stage of a child's life, being responsible for building and nurturing a healthy emotional connection with the child. | |||
* In the second seven years, a child should be taught right from wrong, and even disciplined if necessary. This is also the time parents should instill habits of prayer and Quran study in the child. Fathers are instructed to take the lead in this stage of the child's life. | |||
* During the third seven years, a child should have more of a friendly and collaborative relationship with the parents. | |||
== Rights of children == | |||
He is known to have shortened prayers out of consideration for mothers with children: | |||
] couple and their toddler at ], ], ]]] | |||
<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> | |||
Muhammad said: "Every one of you is a protector and guardian and responsible for your wards and things under your care and a man is a guardian of his family members, and is accountable for those placed under his charge." (Bukhari and Muslim)<ref>{{Cite book |last=Hannan |first=Shah Abdul |author-link=Shah Abdul Hannan |url=https://books.google.com/books?id=JABgCgAAQBAJ&q=Muhammad+said:+%22Every+one+of+you+is+a+protector+and+guardian+and+responsible+for+your+wards+and+things+under+your+care+and+a+man+is+a+guardian+of+his+family+members,+and+is+accountable+for+those+placed+under+his+charge.%22+(Bukhari+and+Muslim) |title=Social Laws of Islam |date=1997 |publisher=IIIT |isbn=978-984-8203-08-8 |language=en}}</ref> | |||
One of the rights that children have over their parents is to be provided with marriage when they are old enough without delaying it.<ref>{{Cite book |last=Denffer |first=Ahmad Von |url=https://books.google.com/books?id=fmhjCwAAQBAJ&dq=the+Quran+and+Muhammad+order+that+young+people+and+orphans+be+married+when+they+are+old+enough.&pg=PA13 |title=Islam for Children |date=2015-12-10 |publisher=Kube Publishing Ltd |isbn=978-0-86037-671-2 |language=en}}</ref> | |||
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> | |||
Children have the right to equal treatment with respect their siblings in terms of financial gifts.<ref>{{cite book | last = Al-Sheha | first = Abdulrahman | title = Women In the Shade of Islam | pages = 33–34}}</ref> | |||
==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: | |||
== Marriage == | |||
{{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}} | |||
{{Main article|Marriage in Islam}} | |||
===Consent=== | |||
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: | |||
All Sunni/Shia ] agree that ]s are strictly forbidden in Islam, as ] are ] referred to as '']''.<ref name="USC1">{{cite web |url=http://www.usc.edu/dept/MSA/humanrelations/womeninislam/marriage.html#consent |title=Marriage – The Free Consent of the Parties |access-date=2007-03-28 |author=Prof. Abdur Rahman I. Doi Professor and Director, Center for Islamic Legal Studies, Ahmadu Bello University, Zaira, Nigeria |archive-url=https://web.archive.org/web/20070329014505/http://www.usc.edu/dept/MSA/humanrelations/womeninislam/marriage.html#consent |archive-date=2007-03-29 |url-status=dead }}</ref> | |||
In addition, Muhammad gave women the power to annul their marriages if it was found that they had been married against their consent. | |||
*An adopted child inherits from his or her biological parents, not automatically from the adoptive parents. | |||
{{Quote|"When a man gives his daughter in marriage and she dislikes it, the marriage shall be annulled." Once a virgin girl came to the Prophet and said that her father had married her to a man against her wishes. The Prophet gave her the right to repudiate the marriage.<ref name=USC1/>}} | |||
*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. {{Fact|date=February 2007}} | |||
*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. | |||
The ] 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.<ref name="USC2">{{cite web|url=http://www.usc.edu/dept/MSA/humanrelations/womeninislam/marriage.html#safety|title=Marriage – Ijbar: A Safety Valve|access-date=2007-03-28|author=Prof. Abdur Rahman I. Doi Professor and Director, Center for Islamic Legal Studies, Ahmadu Bello University, Zaira, Nigeria|archive-url=https://web.archive.org/web/20070329014505/http://www.usc.edu/dept/MSA/humanrelations/womeninislam/marriage.html#safety|archive-date=2007-03-29|url-status=dead}}</ref> According to ], 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.<ref name="USC2"/> | |||
Harsh treatment of orphans is forbidden by another verse of the Qur'an: | |||
{{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}})}} | |||
== |
===Age of marriage=== | ||
No age limits have been fixed by Islam for marriage according to ],<ref name="Levy, p.106">Levy, p.106</ref> 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.<ref name="Levy, p.106"/> The ] madhhab of Islamic '']'' 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: | |||
{{main| Islam and Slavery}} | |||
{{Quote|"In case of a dispute on the matter between the husband and the bride's ] (her nearest male kinsman and her guardian), the judge (]) 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, but the age for it varies in different lands."|Reuben Levy|''The Social Structure of Islam''<ref>Levy, p.107</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> | |||
In Islamic legal terminology, '']'' refers to a person who has reached maturity, ] or adulthood and has full responsibility under ]. Legal theorists assign different ages and criteria for reaching this state for both males and females.<ref>], Islam, ] Press 2003</ref> For women, ''baligh'' or ''balaghat'' in terms of ] is manifested by ]. However, only after a separate condition called ''rushd'', or intellectual maturity to handle one's own property, is reached can a girl receive her ].<ref>Masud, ''Islamic Legal Interpretation, Muftis and Their Fatwas'', ] Press, 1996</ref> | |||
==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.<ref>Levy, p.106</ref> | |||
The ] ] of Islamic ] 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 ] (her nearest male kinsman and her guardian), the ] 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.<ref>Levy, p.107</ref> | |||
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 ] 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.<ref>Levy, p.110</ref><ref>Shaybani, Jami al-saghir, p.37</ref> 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.<ref>Levy, p.110</ref> | |||
Under ] fiqh, the marriage of a virgin is impossible without father or grandfather to act as wali.<ref>Levy, p.111</ref> | |||
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.<ref>Levy, p.111</ref> 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 ] by her owner at his absolute discretion. | |||
{{seealso|Ma malakat aymanukum| Ma malakat aymanukum and sex}} | |||
== Adoption and fostering == | |||
{{Main article|Islamic adoptional jurisprudence}} | |||
Islam highly recommends the "fostering" of children, defined as "assuming partial or complete responsibility of a child in lieu of the biological parents". However, Islam forbids naming the child as one's own or creating any "fictive relationships". Islamic adoption is sometimes called "fostering" or "partial adoption" and is similar to "]".<ref name="ingrid">Ingrid Matison, "Adoption and Fostering", ''Encyclopedia of Women & Islamic Cultures''</ref> Traditionally Islam has viewed legal adoption as a source of potential problems, such as accidentally marrying one's sibling or when distributing inheritance.<ref name="saqir">A. Giladi, ''saqir'', ], Brill</ref> | |||
==External links== | |||
Adoption was a common practice in ]. 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".<ref>{{Cite book |last1=Joseph |first1=Suad |author-link1=Suad Joseph |url=https://books.google.com/books?id=4Uyypm6T7ZsC&dq=Adoption+was+a+common+practice+in+pre-Islamic+Arabia.&pg=PA1 |title=Encyclopedia of Women and Islamic Cultures: Family, Law and Politics |last2=Naǧmābādī |first2=Afsāna |date=2003 |publisher=BRILL |isbn=978-90-04-12818-7 |language=en}}</ref> Islam viewed this practice as "erasure of natal identity". This practice was sometimes done for emotional reasons, such as pity, but adoption was also a means through which ]s were stripped of their identities and given the name of their enslaver.<ref name="ingrid"/> 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".<ref name="saqir"/> | |||
*<br> | |||
== |
== See also == | ||
*] | |||
<references/> | |||
* ] | |||
] | |||
*] | |||
<!--*]--> | |||
*] | |||
*] | |||
*] | |||
== Notes == | |||
{{reflist|30em}} | |||
== References == | |||
* {{cite book | author=Juynboll | title=Handbuch des Islamischen Gesetzes | lang=de | trans-title=Manual of Islamic Law | location = Leyden | year = 1910}} | |||
* {{cite book | author=Khalil bin Ishaq | title=Mukhtasar tr.Ignazio Guidi and David Santillana (Milan, 1919)}} | |||
* {{cite book | last=Levy |first=Reuben |author-link=Reuben Levy | title=The Social Structure of Islam | location = UK | publisher=Cambridge University Press | year = 1969}} | |||
*Phipps, William E (1999).''Muhammad and Jesus: A Comparison of the Prophets and Their Teachings''. ]. | |||
* {{cite book | author=Edward Sachau | title=Muhammedanisches Recht Nach Schafiitischer Lehre | lang=de | trans-title=Muhammadan law according to Shafiite teachings | publisher=Wilhelm Spemann | location=Stuttgart, Germany | year=1897 }} | |||
*Stewart, P.J (1994). ''Unfolding Islam''. UK: Garnet & Ithaca Press. | |||
*] (1974). ''Muhammad: Prophet and Statesman''. ]. | |||
*Yust, Karen-Marie (2006).''Nurturing Child And Adolescent Spirituality: Perspectives from the World's Religious Traditions''. ]. | |||
; General | |||
*'']''. Ed. P. Bearman et al., Leiden: Brill, 1960–2005. | |||
*{{Cite book| author = Esposito, John|title=The Oxford dictionary of Islam|year=2004|publisher= ]}} | |||
*{{cite encyclopedia |editor1=Suad Joseph |editor-link1=Suad Joseph |editor2=Afsaneh Najmabadi |editor-link2=Afsaneh Najmabadi |encyclopedia=]| title=Family, law, and politics |publisher=] |year=2003}} | |||
{{Islam topics |state=collapsed}} | |||
{{DEFAULTSORT:Islam And Children}} | |||
] | |||
] | |||
] | |||
] |
Latest revision as of 18:48, 1 January 2025
Rights of children in IslamThe topic of Islam and children includes Islamic principles of child development, the rights of children in Islam, the duties of children towards their parents, and the rights of parents over their children, both biological and foster children.
Islam identifies three distinct stages of child development, each lasting 7 years, from age 0-21. Each comes with specific prescriptions for what a child is to learn and what their relationship with their parents should be.
Muslims have the right to a marriage arranged by their parents when they are old enough, though the Quran does not specify what age that is. Different traditions and countries have different views on readiness for marriage.
Fostering is strongly encouraged, but it is frowned upon to adopt a child and treat them as your own. Instead, they should maintain their own "natal identity."
Muhammad's interactions with children
Muhammad had seven children, three boys and four girls. All of his sons, including Ibrahim ibn Muhammad, died in infancy. Because of this, his experience as a father is sometimes described as "sorrowful". Muhammad also had an adopted son, Zayd, who is said to be the object of Muhammad's parental affection. He also had two grandsons, Hasan and Husayn, and three granddaughters, Umm Kulthum, Zaynab, and Umamah. In one Islamic tradition, Muhammad ran after Husayn in a game until he caught him. Muhammad used to let Umamah sit on his shoulders while he was praying. When someone expressed astonishment at the Prophet when the Prophet kissed his grandchild, he responded, "what can I do if God has deprived your heart of all human feeling?"
Muhammad has been described as being very fond of children in general. Watt attributes this to Muhammad's yearning for children, as most of his own children died before him. He comforted a child whose pet nightingale had died. Muhammad played many games with children, joked with them and befriended them. Muhammad also showed love to children of other religions. Once he visited his Jewish neighbor's son when the child was sick.
Once, Muhammad was sitting with a child in his lap, and the child urinated over Muhammad. Embarrassed, the father scolded the child. Muhammad restrained the father and advised him: "This is not a big issue. My clothes can be washed. But be careful with how you treat the child. What can restore his self-esteem after you have dealt with him in public like this?"
Child development
In an hadith, Muhammad prescribed three stages of child development of seven years each; according to Muhammad:
- During the first seven years, a child should have the freedom to explore their curiosities, and to look at and experiment with things as they so choose, with little or no parental interference in such pursuits. Mothers are tasked with a larger role in this first stage of a child's life, being responsible for building and nurturing a healthy emotional connection with the child.
- In the second seven years, a child should be taught right from wrong, and even disciplined if necessary. This is also the time parents should instill habits of prayer and Quran study in the child. Fathers are instructed to take the lead in this stage of the child's life.
- During the third seven years, a child should have more of a friendly and collaborative relationship with the parents.
Rights of children
Muhammad said: "Every one of you is a protector and guardian and responsible for your wards and things under your care and a man is a guardian of his family members, and is accountable for those placed under his charge." (Bukhari and Muslim)
One of the rights that children have over their parents is to be provided with marriage when they are old enough without delaying it.
Children have the right to equal treatment with respect their siblings in terms of financial gifts.
Marriage
Main article: Marriage in IslamConsent
All Sunni/Shia schools of thought agree that forced marriages are strictly forbidden in Islam, as Islamic marriages are contracts between two consenting parties referred to as mithaq.
In addition, Muhammad gave women the power to annul their marriages if it was found that they had been married against their consent.
"When a man gives his daughter in marriage and she dislikes it, the marriage shall be annulled." Once a virgin girl came to the Prophet and said that her father had married her to a man against her wishes. The Prophet gave her the right to repudiate the marriage.
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.
Age of marriage
No age limits have been fixed by Islam for marriage according to Reuben Levy, 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 case of a dispute on the matter between the husband and the bride's wali (her nearest male kinsman and her guardian), the judge (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, but the age for it varies in different lands."
— Reuben Levy, The Social Structure of Islam
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. For women, baligh or balaghat in terms of sexual maturity is manifested by menses. However, only after a separate condition called rushd, or intellectual maturity to handle one's own property, is reached can a girl receive her bridewealth.
Adoption and fostering
Main article: Islamic adoptional jurisprudenceIslam highly recommends the "fostering" of children, defined as "assuming partial or complete responsibility of a child in lieu of the biological parents". However, Islam forbids naming the child as one's own or creating any "fictive relationships". Islamic adoption is sometimes called "fostering" or "partial adoption" and is similar to "open adoption". Traditionally Islam has viewed legal adoption as a source of potential problems, such as accidentally marrying one's sibling or when distributing inheritance.
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 viewed this practice as "erasure of natal identity". This practice was sometimes done for emotional reasons, such as pity, but adoption was also a means through which slaves were stripped of their identities and given the name of their enslaver. 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".
See also
Notes
- ^ Stewart, p.113
- ^ Watt (1974), p. 230
- ^ Yust, p.72-3
- ^ Phipps, p. 120
- Kassamali, Tahera. Raising Children. Tayyiba Publishers & Distr.
- Starrett, Gregory (March 26, 1998). Putting Islam to Work. University of California Press. p. 103. ISBN 9780520919303.
- Hannan, Shah Abdul (1997). Social Laws of Islam. IIIT. ISBN 978-984-8203-08-8.
- Denffer, Ahmad Von (2015-12-10). Islam for Children. Kube Publishing Ltd. ISBN 978-0-86037-671-2.
- Al-Sheha, Abdulrahman. Women In the Shade of Islam. pp. 33–34.
- ^ Prof. Abdur Rahman I. Doi Professor and Director, Center for Islamic Legal Studies, Ahmadu Bello University, Zaira, Nigeria. "Marriage – The Free Consent of the Parties". Archived from the original on 2007-03-29. Retrieved 2007-03-28.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ^ Prof. Abdur Rahman I. Doi Professor and Director, Center for Islamic Legal Studies, Ahmadu Bello University, Zaira, Nigeria. "Marriage – Ijbar: A Safety Valve". Archived from the original on 2007-03-29. Retrieved 2007-03-28.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ^ Levy, p.106
- Levy, p.107
- John Esposito, Islam, Oxford University Press 2003
- Masud, Islamic Legal Interpretation, Muftis and Their Fatwas, Harvard University Press, 1996
- ^ Ingrid Matison, "Adoption and Fostering", Encyclopedia of Women & Islamic Cultures
- ^ A. Giladi, saqir, Encyclopedia of Islam, Brill
- Joseph, Suad; Naǧmābādī, Afsāna (2003). Encyclopedia of Women and Islamic Cultures: Family, Law and Politics. BRILL. ISBN 978-90-04-12818-7.
References
- Juynboll (1910). Handbuch des Islamischen Gesetzes [Manual of Islamic Law] (in German). Leyden.
{{cite book}}
: CS1 maint: location missing publisher (link) - Khalil bin Ishaq. Mukhtasar tr.Ignazio Guidi and David Santillana (Milan, 1919).
- Levy, Reuben (1969). The Social Structure of Islam. UK: Cambridge University Press.
- Phipps, William E (1999).Muhammad and Jesus: A Comparison of the Prophets and Their Teachings. Continuum International Publishing Group.
- Edward Sachau (1897). Muhammedanisches Recht Nach Schafiitischer Lehre [Muhammadan law according to Shafiite teachings] (in German). Stuttgart, Germany: Wilhelm Spemann.
- Stewart, P.J (1994). Unfolding Islam. UK: Garnet & Ithaca Press.
- Watt, William Montgomery (1974). Muhammad: Prophet and Statesman. Oxford University Press.
- Yust, Karen-Marie (2006).Nurturing Child And Adolescent Spirituality: Perspectives from the World's Religious Traditions. Rowman & Littlefield.
- General
- Encyclopaedia of Islam. Ed. P. Bearman et al., Leiden: Brill, 1960–2005.
- Esposito, John (2004). The Oxford dictionary of Islam. Oxford University Press.
- Suad Joseph; Afsaneh Najmabadi, eds. (2003). "Family, law, and politics". Encyclopedia of Women and Islamic Cultures. BRILL.
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