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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 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 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". [1] Muhammad also had an adopted son, Zayd, who is said to be the object of Muhammad's parental affection. [2] He also had two grandsons, Hasan and Husayn, and three granddaughters, Umm Kulthum, Zaynab, and Umamah. [1] In one Islamic tradition, Muhammad ran after Husayn in a game until he caught him. [3] 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?" [4]
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. [2] He comforted a child whose pet nightingale had died. [4] Muhammad played many games with children, joked with them and befriended them. [2] Muhammad also showed love to children of other religions. Once he visited his Jewish neighbor's son when the child was sick. [3]
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?" [5]
In an hadith, Muhammad prescribed three stages of child development of seven years each; according to Muhammad: [6]
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) [7]
One of the rights that children have over their parents is to be provided with marriage when they are old enough without delaying it. [8]
Children have the right to equal treatment with respect their siblings in terms of financial gifts. [9]
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 . [10]
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. [10]
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. [11] 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. [11]
No age limits have been fixed by Islam for marriage according to Reuben Levy, [12] 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. [12] 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 [13]
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. [14] 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. [15]
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". [16] Traditionally Islam has viewed legal adoption as a source of potential problems, such as accidentally marrying one's sibling or when distributing inheritance. [17]
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". [18] 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. [16] 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". [17]
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: CS1 maint: multiple names: authors list (link)In Islam, a mahram is a family member with whom marriage would be considered permanently unlawful (haram). A woman does not need to wear hijab around her mahram or spouse, and an adult male mahram or husband may escort a woman on a journey, although an escort may not be obligatory.
In Islam, a mahr is the bride wealth obligation, in the form of money, possessions or teaching of verses from the Quran by the groom, to the bride in connection with an Islamic wedding. While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.
A total of eleven women are confirmed as having been married to Muhammad, the founder of Islam. As a sign of respect, Muslims refer to each of these wives with the title Umm al-Muʼminin, which is derived from 33:6 of the Quran.
In Islamic law (sharia), marriage is a legal and social contract between two individuals. Marriage is an act of Islam and is strongly recommended. Polygyny is permitted in Islam under some conditions, but polyandry is forbidden.
Sexuality in Islam contains a wide range of views and laws, which are largely predicated on the Quran, and the sayings attributed to Muhammad (hadith) and the rulings of religious leaders (fatwa) confining sexual activity to marital relationships between men and women. Sexual jurisprudence and marital jurisprudence are the codifications of Islamic scholarly perspectives and rulings on sexuality, which both in turn also contain components of Islamic family jurisprudence, Islamic marital jurisprudence, hygienical, criminal and bioethical jurisprudence.
Zayd ibn Ḥāritha al-Kalbī, was an early Muslim, Sahabi and the adopted son of the Islamic prophet, Muhammad. He is commonly regarded as the fourth person to have accepted Islam, after Muhammad's wife Khadija, Muhammad's cousin Ali, and Muhammad's close companion Abu Bakr. Zayd was a slave that Hakim ibn Hizam, Khadija's nephew, bought for her at a market in Ukaz. Zayd then became her and Muhammad’s adopted son. This father-son status was later annulled after Muhammad married Zayd’s ex-wife, Zaynab bint Jahsh.
An Islamic marriage contract is considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the husband and wife or other parties involved in marriage proceedings under Sharia. Whether it is considered a formal, binding contract depends on the jurisdiction. Islamic faith marriage contracts are not valid in English law, nor American Law. Because of this, some Islamic Marriage Officiants will only officiate a marriage after the couple had been legally married in court.
Islamic views on slavery represent a complex and multifaceted body of Islamic thought, with various Islamic groups or thinkers espousing views on the matter which have been radically different throughout history. The Quran and the hadith are the sources used for Sharia ,where the legislation concerning slaves is derived from.
Islamic views on adoption are generally distinct from practices and customs of adoption in other non-Muslim parts of the world like Western or East Asian societies. Adoption in the western sense of the word is not recognized in Islam.
In Islamic legal terminology, bāligh or mukallāf or muhallāq or murāhiq or muhtalim refers to someone who has reached maturity or puberty, and has full responsibility under Islamic law.
Many social changes took place under Islam between 610 and 661, including the period of Muhammad's mission and the rule of his immediate successor(s) who established the Rashidun Caliphate.
Khulʿ, also called khula, is a procedure based on traditional jurisprudence, that allows a Muslim woman to initiate a divorce by returning the mahr and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree, depending on the circumstances.
Breastfeeding is highly regarded in Islam. The Qur'an regards it as a sign of love between the mother and child. In Islamic law, breastfeeding creates ties of milk kinship that has implications in family law. Muslims throughout the world have varied breastfeeding traditions.
Nikah mut'ah Arabic: نكاح المتعة, romanized: nikāḥ al-mutʿah, "pleasure marriage"; temporary marriage or Sigheh is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam in which the duration of the marriage and the mahr must be specified and agreed upon in advance. It is a private contract made in a verbal or written format. A declaration of the intent to marry and an acceptance of the terms are required as in other forms of marriage in Islam. The Zaidi Shia reject Mutah marriage.
The common view is that the Islamic prophet Muhammad had three sons, named Abd Allah, Ibrahim, and Qasim, and four daughters, named Fatima, Ruqayya, Umm Kulthum, and Zaynab. The children of Muhammad are said to have been born to his first wife Khadija bint Khuwaylid, except his son Ibrahim, who was born to Maria al-Qibtiyya. None of Muhammad's sons reached adulthood, but he had an adult foster son, Zayd ibn Harithah. Daughters of Muhammad all reached adulthood but only Fatima survived her father. Citing, among others, the advanced age of Khadija, some Shia sources contend that Fatima was the only biological daughter of Muhammad, as she is known to have enjoyed a close relationship with Muhammad, unlike Ruqayya, Umm Kulthum, and Zaynab. That Fatima was the only biological daughter of Muhammad appears to be the mainstream view among Shia Muslims.
Islamic teachings on humanity and human welfare have been codified in its central religious book known as the Quran, which the Muslims believe was revealed by God for the humankind. These teachings have often been exemplified by Islamic prophet Muhammad as displayed in his sayings and practices. To the Muslims, Islam is what the Quran has instructed to do and how Muhammad has put them into practice. Thus, the understanding of any Islamic topic generally rely on these two.
Walī is an Arabic word primarily meaning primarily "ally", from which other related meanings with Islamic cultural tones derive, such as "ally of God" or "holy man/saint", etc. "Wali" can also mean a "legal guardian", or ruler; someone who has "Wilayah" over somebody else, and in fiqh is often "an authorized agent of the bride in concluding a marriage contract ",
In 2003, Nigeria adopted the Child Rights Act to domesticate the Convention on the Rights of the Child. The Children's Rights Act of 2003 expands the human rights bestowed to citizens in Nigeria's 1999 constitution to children. Although this law was passed at the Federal level, it is only effective if State assemblies also codify the law. The bill was first introduced in 2002, but did not pass because of opposition from the Supreme Council for Shari'a. The act was officially passed into law in 2003 by Former President Chief Olusegun Obansanjo as the Children's Rights Act 2003, in large part because of the media pressure that national stakeholder and international organizations put on the National Assembly.
Islamic family jurisprudence or Islamic family law or Muslim Family Law is the fiqh of laws and regulations related to maintaining of Muslim family, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims. It contains pubertal, marital, sexual, child upbringing, adoption and fostering, inheritance, criminal and other related subjects. The subject mainly discusses on foster relationship, marriage, divorce, Ila, li'an, Raj'ah, Khul', Zihar, Iddah, custody and maintenance of children etc. From the political aspects, Muslim family law is a part of almost every national constitution of the world regarding religious (Muslim) laws, especially of the Muslim-majority countries.
In classical Islamic law, a concubine was an unmarried slave-woman with whom her master engaged in sexual relations. Concubinage was widely accepted by Muslim scholars in pre-modern times. Most modern Muslims, both scholars and laypersons, believe that Islam no longer permits concubinage and that sexual relations are religiously permissible only within marriage.
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