Islam and children: Difference between revisions

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{{Short description|Rights of children in Islam}}

This article discusses the [[sunnah]] of Islamic [[prophet]]s in regard to dealings with their own and others' children, children’s' rights supported by Islam, children's duties towards their parents, parents' prerogatives over children (of either gender and whether [[biological]] and [[foster children]]). Also discussed are some of the differences regarding rights with respect to different schools of thoughts.{{Islam}}

{{Islam |culture}}

[[File:عکس های مراسم ترتیل خوانی یا جزء خوانی یا قرائت قرآن در ایام ماه رمضان در حرم فاطمه معصومه در شهر قم 20.jpg|thumb|[[Shia]] Muslim girls studying the [[Quran]] placed atop folding [[lectern]]s ([[Rehal (book rest)|''rehal'']]) during [[Ramadan]] in [[Qom]], [[Iran]]]]

The 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 [[Fosterage|foster children]].

== The Binding of Ismail ==

{{main|Binding of Isaac}}

[[Image:Sacrifice_600.JPG|thumb|left|200px|"[[Sacrifice (painting)|Sacrifice]]" by [[Robert B. Sherman|Robert Sherman]] ([[1983 in art|1983]]), depicting [[Abraham]] contemplating to murder his son [[Ismail]]. Insofar as restraining his son for the purpose of conducting an Islamic [[human sacrifice]]. Instances of [[child abuse]] can be seen in some of the personal example of [[Prophets of Islam|Islamic prophets]]. A fuller narrative of this incident is exposed in Surah al-Saffat, from [[ayat]] 99 through to 113.]]

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.

In the Islamic tradition, some time after the birth of his son [[Ismail]], Ibrahim was commanded by [[Allah]] to offer up the latter as a sacrifice in the land of [[Moriah]]. He traveled three days until he came to the mount that the deity Allah showed him. Ibrahim commanded the servant to remain while he and Ismail proceeded alone to the mountain, with Ismail carrying the wood upon which he would be sacrificed. Along the way, Ismail repeatedly asked Ibrahim where the animal for the burnt offering was. Ibrahim then replied that the Allah would provide one. Having bound Ismail to [[murder]] him, Ibrahim was prevented by an [[angel]], and given on that spot a [[Domestic sheep|ram]] which he sacrificed instead.

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.

==Rights of Children==

* Children have the right to be fed, clothed, and protected until they reach adulthood.<ref name=I1>{{cite web|url=http://www.islam101.com/sociology/parchild.htm/|title=Parent-Child Relationship in Islam |accessdate=2007-03-28|author=By I. A. Arshed}}</ref>

* Children have the right to enjoy love and affection from their parents.<ref name=I1>{{cite web|url=http://www.islam101.com/sociology/parchild.htm/|title=Parent-Child Relationship in Islam |accessdate=2007-03-28|author=By I. A. Arshed}}</ref>

* Children have the right to be treated equally, vis-a-vis their siblings in terms of financial gifts. A tradition reports: <blockquote>"It is narrated by [[Abu Bakr]], who said that Allah's Apostle ([[Muhammad]]), was approached by one of his companions, Al-N'uman bin Basheer, who said: "O Prophet of Allah! I have granted a slave 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."{{Fact|date=March 2007}}</blockquote>

* Children have the right to education.<ref name=I1>{{cite web|url=http://www.islam101.com/sociology/parchild.htm/|title=Parent-Child Relationship in Islam |accessdate=2007-03-28|author=By I. A. Arshed}}</ref><ref>[http://sisters.islamway.com/modules.php?name=News&file=article&sid=104 The Rights of Children In Islam]</ref><ref>[http://www.themodernreligion.com/index2.html "Imam Al-Ghazali’s views on children's education"] </ref> A saying attributed to [[Muhammad]] relates: <blockquote>"A father gives his child nothing better than a good education."<ref>from Hadith collections compiled by Tirmidhi (#4977) and Baihaqi</ref>

* Parents are recommended to provide adequately for children in inheritance.<ref>ibid.</ref>

* [[Umar]] summed up some of the rights of children in the following anecdote:

<blockquote> 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".<ref>{{cite book | last=Ulwan | first=Abd-Allah Nasih | coauthors= | title=Child Education in Islam | publisher=Dar Al Salam | year=2000 | id=ISBN 977-342-000-0}}

</ref></blockquote>

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."

==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.<ref>When asked about the major sins, Prophet Mohammad (PBUH) replied." To associate another god with Allah, to disobey the parents, to kill unlawfully and to give false testimony."</ref><ref>[http://www.islamonline.com/cgi-bin/news_service/spot_full_story.asp?service_id=668 Parents' rights in Islam]</ref>

<blockquote>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)<ref>[http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/048.sbt.html#003.048.822 Sahih Bukhari Volume 3, Book 48, Number 822]</ref></blockquote>

* 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.<ref>[http://www.soundvision.com/Info/mothers/inquran&hadith.asp Mother in Qur'an & Sunnah]</ref><ref>[http://www.islamonline.com/cgi-bin/news_service/fatwah_story.asp?service_id=288 "Who has more right to custody in Islam?"]</ref>

<blockquote>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. "<ref>[http://www.soundvision.com/Info/mothers/inquran&hadith.asp Mother in Qur'an & Sunnah]</ref><ref>[http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/073.sbt.html#008.073.002 Sahih Bukhari, Volume 8, Book 73, Number 2]</ref></blockquote>

* Parents have the right to spank those of their children above the age of ten years who neglect in performing Islamic prayers.<ref>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</ref>

* Regarding those who would spank children a fatwa of the Mufti Kafaayatullah provides as follows:<blockquote>‘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’<ref>ibid., citing the named author.</ref></blockquote>

* Parents have the right to rebuke their children to protect them from physical or moral harm.<ref>ibid.</ref>

* 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.<ref>ibid.</ref>

== Muhammad's interactions with andchildren Children==

Muhammad had [[Children of Muhammad|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".<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, [[Hasan ibn Ali|Hasan]] and [[Husayn ibn Ali|Husayn]], and three granddaughters, [[Umm Kulthum bint Ali|Umm Kulthum]], [[Zaynab bint Ali|Zaynab]], and [[Umamah bint Zainab|Umamah]].<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/>

[[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):

<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 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]])</blockquote>

<blockquote>Abu Hurairah reported: The Prophet ([[Muhammad]]) kissed his grandson Al-Hasan bin `Ali in the presence of Al-Aqra` bin Habis. Thereupon he remarked: "I have ten children and I have never kissed any one of them." Messenger of Allah ([[Muhammad]]) looked at him and said, "He who does not show mercy to others will not be shown mercy".

([[Sahih Bukhari]] and [[Sahih Muslim]]). </blockquote>

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 [[nightingale]] 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>

Another tradition relates his emphasis on treating children with respect and understanding:

<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)

.... 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?”".<ref>{{cite book | last=Kassamali | first=Tahera | coauthors= | title=Raising Children | publisher=Tayyiba Publishers & Distr}}</ref></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>

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

<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>

== Child development ==

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

In an hadith, Muhammad prescribed three stages of [[child development]] 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= [[University of California Press]]|page= 103|isbn= 9780520919303}}</ref>

<blockquote> 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}}</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.

Adherents of Islam practice [[circumcision]] of children either as a cultural practice or a religious commandment. The [[Glossary of Islam|Islamic term]] for the practice is ''[[Khitan (circumcision)|khitan]]''.

== Rights of children ==

==Marriage==

[[File:Young Muslim Couple with Toddler at Masjid al-Haram, 6 April 2015.JPG|thumb|300px|A [[Muslim]] couple and their toddler at [[Masjid al-Haram]], [[Makkah]], [[Saudi Arabia]]]]

===Age of Marriage===

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>

No age limits have been fixed by Islam for marriage according to Levy,<ref>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>Levy, p.106</ref> 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:

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>

<blockquote>"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."<ref>Levy, p.107</ref></blockquote>

Children have the right to equal treatment with respect to 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>

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.<ref>[[John Esposito]], Islam, [[Oxford University]] Press 2003</ref> In marriage ''baligh'' is related to the [[Arabic]] legal expression, ''hatta tutiqa'l-rijal'', which means that the a 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]].<ref>Masud, ''Islamic Legal Interpretation, Muftis and Their Fatwas'', [[Harvard University]] Press, 1996</ref>

=== ForcedMarriage Marriages ===

{{Main article|Marriage in Islam}}

All Sunni 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''.<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 |accessdate=2007-03-28|author=Prof. Abdur Rahman I. Doi Professor and Director, Center for Islamic Legal Studies, Ahmadu Bello University, Zaira, Nigeria}}</ref>

It has been quoted from [[Muhammad]]:

=== Consent ===

<blockquote>

All [[Sunni Islam|Sunni]]/[[Shia Islam|Shia]] [[Madh'hab|schools of thought]] agree that [[forced marriage]]s are strictly forbidden in Islam, as [[Marriage in Islam|Islamic marriages]] are [[Islamic marriage contract|contracts between two consenting parties]] referred to as ''[[mithaq]]''.<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>

"The widow and the divorced woman shall not be married until their order is obtained, and the virgin shall not be married until her consent is obtained."

</blockquote>

In addition, [[Muhammad]] gave women the power to annul their marriages if it was found that they had been married against their consent.

{{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/>}}

<blockquote>

"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 (peace be upon him) 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>{{cite web|url=http://www.usc.edu/dept/MSA/humanrelations/womeninislam/marriage.html#consent |

title=Marriage - The Free Consent of the Parties |accessdate=2007-03-28|author=Prof. Abdur Rahman I. Doi Professor and Director, Center for Islamic Legal Studies, Ahmadu Bello University, Zaira, Nigeria}}</ref>

</blockquote>

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.<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 [[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.<ref name="USC2"/>

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.

=== Age of marriage ===

For a valid marriage, the following conditions must be satisfied, this is in accordance with all schools of thought<ref name=wp>[http://www.witness-pioneer.org/vil/Books/SH_SL/islamic_law_regarding_marriage.htm "Hannan, Social Laws in Islam"]</ref>

No age limits have been fixed by Islam for marriage according to [[Reuben Levy]],<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 [[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:

* There must be a clear proposal.<ref name=wp>[http://www.witness-pioneer.org/vil/Books/SH_SL/islamic_law_regarding_marriage.htm "Hannan, Social Laws in Islam"]</ref>

{{Quote|"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''<ref>Levy, p.107</ref>}}

* There must be a clear acceptance.<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 |accessdate=2007-03-28|author=Prof. Abdur Rahman I. Doi Professor and Director, Center for Islamic Legal Studies, Ahmadu Bello University, Zaira, Nigeria}}</ref><ref name=wp>[http://www.witness-pioneer.org/vil/Books/SH_SL/islamic_law_regarding_marriage.htm "Hannan, Social Laws in Islam"]</ref>

* 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. <ref name=wp>[http://www.witness-pioneer.org/vil/Books/SH_SL/islamic_law_regarding_marriage.htm "Hannan, Social Laws in Islam"]</ref>

* There must be a marriage gift, little or more, by the bridegroom to the bride. <ref name=wp>[http://www.witness-pioneer.org/vil/Books/SH_SL/islamic_law_regarding_marriage.htm "Hannan, Social Laws in Islam"]</ref>

In Islamic legal terminology, ''[[baligh]]'' refers to a person who has reached maturity, [[puberty]] or adulthood and has full responsibility under [[Sharia|Islamic law]]. Legal theorists assign different ages and criteria for reaching this state for both males and females.<ref>[[John Esposito]], Islam, [[Oxford University]] Press 2003</ref> For women, ''baligh'' or ''balaghat'' in terms of [[sexual maturity]] is manifested by [[Menstrual cycle|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 [[Bride price|bridewealth]].<ref>Masud, ''Islamic Legal Interpretation, Muftis and Their Fatwas'', [[Harvard University]] Press, 1996</ref>

Maliki school of thought gives the right of ''Ijbar'' to the guardian. ''Ijbar'' is defined as the annullment 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 |accessdate=2007-03-28|author=Prof. Abdur Rahman I. Doi Professor and Director, Center for Islamic Legal Studies, Ahmadu Bello University, Zaira, Nigeria}}</ref> According to Imam Malik, children due to thier 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>ibid</ref> 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.<ref>[http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/073.sbt.html#008.073.007 "Sahih Bukhari Volume 8, Book 73, Number 8"]</ref>

== [[Orphans]]Adoption and [[Adoptees]]fostering ==

{{Main article|Islamic adoptional jurisprudence}}

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:

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 "[[open adoption]]".<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'', [[Encyclopedia of Islam]], Brill</ref>

<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>

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".<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 [[slave]]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"/>

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:

== See also ==

*An adopted child inherits from his or her biological parents, not automatically from the adoptive parents.

*[[Islam and humanity]]

*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}}

*[[Child marriage]]

*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.

*[[Islamic views on slavery]]

<!-- *[[Islamic family relations]] -->

*[[Women in Islam]]

*[[Religion and children]]

*[[Children of Muhammad]]

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}})}}

==Slavery Notes ==

{{reflist|30em}}

{{main|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.<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> The same is true same is true for the child born of a slave parent from an 'irregular union'.<ref>Levy, p.79</ref> 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.<ref>page 11 of 'Abd. Brunschvig. - Encyclopedia of Islam'</ref>

==See also==

*[[Child abuse]]

*[[Islam]]

*[[Islam and slavery]]

*[[Muhammad]]

*[[Women in Islam]]

==Notes References ==

* {{cite book | author=Juynboll | title=Handbuch des Islamischen Gesetzes | lang=de | trans-title=Manual of Islamic Law | ___location = Leyden | year = 1910}}

<references/>

* {{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''. [[Continuum International Publishing Group]].

* {{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.

* [[William Montgomery Watt|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

==References==

* ''[[Encyclopaedia of Islam]]''. Ed. P. Bearman et al., Leiden: Brill, 1960–2005.

* {{cite book | author=Juynboll | title=Handbuch des Islamischen Gesetzes | ___location = Leyden | year = 1910}}

* {{citeCite book | author =Khalil bin IshaqEsposito, John| title=MukhtasarThe tr.GuidiOxford anddictionary Santillanaof (Milan,Islam|year=2004|publisher= [[Oxford University 1919)Press]]}}

* {{cite encyclopedia |editor1=Suad Joseph |editor-link1=Suad Joseph |editor2=Afsaneh Najmabadi |editor-link2=Afsaneh Najmabadi |encyclopedia=[[Encyclopedia of Women and Islamic Cultures]]| title=Family, law, and politics |publisher=[[Brill Publishers|BRILL]] |year=2003}}

* {{cite book | author=Levy, Reuben | title=The Social Structure of Islam | ___location = UK | publisher=Cambridge Univerisity Press | year = 1969}}

* {{cite book | author=Sachau | title=Muhammedanisches Recht | ___location=Berlin, Germany | Berlin | year=1897}}

==External links==

{{Islam topics |state=collapsed}}

*[http://www.islamic-relief.com/submenu/waqf/wqf4.htm Islamic Relief]

*[http://www.jannah.org/sisters/marr.html Marriage in Islam]

{{DEFAULTSORT:Islam And Children}}

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[[Category:Islam and children| ]]

[[Category:Children's rights]]

[[Category:Islamic jurisprudence]]

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