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TRADITIONAL ISLAM as understood by the vast majority of ulama' of the Ahli Sunnah wal Jamaah
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بسم
الله الرحمن
الرحيم
نحمده
ونصلى على
رسوله الكريم
Preservation
of Progeny:
Issues
from the Shari’a Perspective*
By:
Muhammad
‘Uthman El-Muhammady
The
learned writer of the paper “Preservation of Progeny: Issues From the
Shari’a Perspective”, in his lucid and important paper has dwelt on a number
of key issues dealing with this topic. They
involve the definition of nasab, (pp 2-4), issues of illegitimate
children as discussed by the classical jurists (pp 4-60, abandoned children (pp
6-10), religious status of the foundling (pp 10-11), doubts about the foundling,
maintenance and care, (pp 11-12), the maintenance of the abandoned child with or
without property or money (pp12-16), then part II on illegitimate children (pp
16-17), their religious status (pp17-19), their progeny (pp 19-20), their
maintenance and care 20-24), blood wit and inheritance (pp24-25), their marriage
and leadership in prayer (pp24-25) and finally the prayer of the dead (pp28-29),
and finally the conclusion. The
conclusion mentions the attitude of the classical jurists wanting to protect
foundlings, presuming them to be free, where able possible, taking them as
Muslims, and having gone out of their way within the legal construct to ensure
their well-being and upbringing, preserving the progeny of the child, so that
the child has the right of maintenance and care from the responsible party. The
writer asserts that the procedure adopted by the jurists regarding the
relationship between the state and the foster family was that it was the duty of
the finder to bring the child to the authorities, then the authorities are to
find someone to look after the foundling, usually the finder, though not
necessarily always the case. And the authorities are to ensure that the person
would be the appropriated one ready to look after the foundling. And then the
financing of the maintenance of the child could be taken over by the
foster-father, and this was recommended, particularly as an act of charity. The writer asserts in the conclusion that provided the foster father made it clear from the beginning that he would expect to be reimbursed in the matter of the costs of the maintenance, and care of the foundling, when the foundling attains to age of maturity, and when the child has become an adult, he could reclaim, at the appropriate time, provided they could actually be repaid. However, he asserts that it is the state’s responsibility to provide the foster-father with the means to provide for the foundling. He says that the state seems to have retained the wala’ of the foundling, though this is not necessarily so in all cases. Thus, it was the state that would normally be responsible for the bloodwit of the foundling. Also, it would be the state, through the person of the qadi who would act as the wali in the case of the marriage of the female foundling.
The
state then would be entitled to inherit from the foundling, when the
foster-father receives the wala’ of the foundling, the same would apply
to him and his family as it did to the state.
This relationship, is legally, says the writer, not adoption; the
relationship between the foundling and the family is not governed by the same
rules as the relationship would be if the foundling had been a legitimate
natural child of the family. Thus, the foundling has not rights of inheritance
or impediments to marriage. There was one means by which the foster –father or
any of the foster family who had grown to love and care for their foster child,
could make provision for the child to inherit and that was by wasiyyah, namely,
up to a third of the total property left could be bequeathed to the foster child
so that the assigned shares of inheritance would be somewhat reduced. The
classical jurists working on the basic Islamic texts have laid down a legal
construct, which, with improvements suitable with the present conditions,
enables the foundling to be brought up in a civilized and sensible Islamic way. The
writer further asserts that in the paper he has highlighted the point, in case
the illegitimate child is established beyond contradiction as the result of zina,
then the child derives his nasab from the mother. It is the illegitimate
child’s family who are required, theoretically, by law, to provide for the
child, and the person who acts as the wali will be the child’s wali in
terms of diyyah and marriage, if the child is a girl. He states that there will
be reciprocity between the child and the mother’s family in terms of
inheritance. Wallahu a’lam. The
following are my additional statements relating to the topic of the preservation
of the human progeny with the attending implications which should be considered
and actualized in our society at a time of erosion of values as this. In
discussing the five necessities in human life which are considered as the five
aims preserved by the sacred law are termed as the al-kulliyat al-khamsah
or also termed as the daruriyyat al-Shatibi mentions religion, self,
intellect, progeny, wealth.In the al-Muwafaqat (I.38,II.10, IV.27) the
author mentions the necessities in the following order: religion, life (nafs),
progeny, wealth, and intellect. In
the al-I’tisam (II.179 and al-Muwafaqat II.299) the mention is
in the following order: religion, life, progeny, wealth, and intellect. Al-Zarkashi
mentions these in the following order: life, wealth, progeny, religion, and
intellect. Al-Ghazali in the al-Mustashfa, I.258 mentions these in the
order: religion, life, intellect, progeny, and wealth. Al-Ghazali’s opinion
seems to be more acceptable. Whatever the order is, the issue of progeny and its
importance is accepted by scholars of Islamic jurisprudence. Abdullah Darraz in
his commentary of the al-Muwafaqat II.153 mentions that the view of al-Ghazali
is adopted by most scholars. Hence, in the matter of these daruriyyat the matter
of religion is the first, then life, then the intellect, then progeny, then
wealth. In
discussing the issue of progeny, we can observe that Islam pays a special
attention to the reproduction of mankind and the maintenance of the human race
on earth. Mankind is
entrusted with the guardianship of the entire earth and the promulgation of
divine wisdom serving the role of the vicegerent of the Almighty Allah on earth
and also His servant. Therefore, according to Islam, in this order of meaning,
stopping the reproduction process by any means, causing it to cease in any form
or tampering with it in any way or causing to reduce it, for no legitimate
reason, is an unlawful practice. The Almighty Allah states in the Glorious Qur'ân
Sura Baqara [The Cow], 205 to the effect:“
When he turns his back, his aim everywhere is to spread mischief through the
earth and destroy crops and cattle.
But Allah
loves not those who practice mischief. Islam,
for instance, prohibits abortion after the fourth month of pregnancy. Muslims
believe that the soul will be breathed into the foetus at the fourth month of
pregnancy. However, if there is a grave situation, which endangers the life of
mother, there is no harm in performing abortion. This is based on the statement
of Allah's Messenger (peace and blessings of Allah be upon him): “
…A foetus will be constructed in the shape of sperm for forty days. Then, it
will be a clinking clot [to the internal side of the mother's womb] for another
forty days. Then, the angel will be sent down to the foetus to blow the soul in
it. The angel [is further] commanded to write the following four items
[concerning the future life of the foetus on the earth] as follows: the
[pre-determined] provision of the foetus, his/her term [life duration on earth],
and whether he/she is fortunate or unfortunate [while alive on earth
and
in the hereafter]”[1].
Many
statements of Allah's Messenger (peace and blessings of Allah be upon him) are
reported in this regard concerning the urge to have a normal reproduction of the
human race, the maintenance of the human race and to increase the rate of
reproduction, if possible. Allah's Messenger (peace and blessings of Allah be
upon him) says: “ Marry a loving, kind and reproducing female as I will take a special
pride by you on the Day of Judgement” [2]
Lineage
Preservation
Islam
capitalizes on the value of the nucleus family and the broader sense of family
as well. The nucleus family is the basis and the foundation of the society. In
order to protect this family against breaking and disintegrating, Islam pays
every attention to this unit of the society. Lineage is one of the essential
bonds of the family. A relative will recognize the rights of his kin and kith
and consequently, will pay his due right to that relative in an appropriate
fashion. Allah (subhanahu wa ta'ala) laid down certain rules, and regulations
that consolidate the foundations of kinship rights on every individual member of
the family. Moreover, Islam protects the family against interactions that may
lead to its disintegration. Open
relationships between the family members, who are permitted to marry one another
lawfully, may lead to many family social problems. Such open family relationship
may, for instance, lead to unlawful types of marriages such as the incest
marriages or may cause the deprivation of inheritance for the person who is
entitled for inheritance and vice versa. Allah's Messenger (peace and blessings
of Allah be upon him) says:“ Any woman, who falsely attributes a child to her
household as a genuine child of her husband, is not considered a Believer in
Allah. Furthermore, Allah (subhanahu wa ta'ala) will not permit such a woman to
enter Jannah. Moreover, any man who falsely denies his son, while looking at him
[knowing that he is truly his son], Allah (subhanahu wa ta'ala) will place a
barrier between Him and that man [will not permit such a man to look at Him].
Furthermore, Allah (subhanahu wa ta'ala) will scandalize such a false claim of
this person before the entire humanity [on the Day of Judgement]”[3]. In
the pre-Islamic Jahiliyyah the family system was corrupt. Islam initiated
decisive reformations. It annihilated all existent malpractice. The following
are some of the items banned by Islam: 1.
Child adoption:
2.
Admitting a child as a son/daughter: A
father must openly declare that the child is truly his legitimate child, in
order for the child to be attributed to him in lineage. Islam bans claiming a
child to a man without father's admission because such a claim jeopardizes
marital relationships as well as family life. Moreover, such inconsiderate claim
gives the man (who might and might not be a husband) the power to follow his
whims and personal desires to claim as he pleases. Yet, the woman (who might be
the wife in such case) is exposed and subjected for false accusations. This
blemishes her honor and dignity and pride by accusing her with illegitimate
sexual activities with a man other than her own lawful husband. Moreover, such a
false claim of a man may create a rift between the rests of the children of the
family, and distort the lineage of that particular family by mixing the pure
children with out of wedlock children. Islam, therefore, determines that any
child born who is a legitimate product of a marriage contract is attributed to
the father with no need of any further proof or denial. A husband of a woman
needs not to admit openly that child is his. Such a declaration seems odd and
unnecessary. This practice is based on the statement of Allah's Messenger (peace
and blessings of Allah be upon him): “The (born) child (as a result of a lawful marriage)
belongs to the (bed of) his father” [6].
The only exception to this rule is when it is proved, beyond a doubt, that the
wife is betraying her husband and is pregnant from another man, other than her
own husband. In such case, specific rules and judicial sentences will apply. We
shall not cover these rules in this book. 3.
"Khal'a", or disowning: It
is the instance where a father discovers legitimately that some of the children
who are attributed to him are not really his. Thus, after disowning such person,
or persons, he will become total stranger to them. This means that if the person
who is disowned is a female, she must not appear before such a man at her
leisure, travel with him, live with him or deals freely with him. 4.
Woman's family name change after marriage: A
Muslim woman, after marriage keeps her median's family name according to Islamic
jurisprudence. According to Islamic teachings and law, it is unlawful for a
woman to bear the family name of her husband after marriage. Looking at this
closely one can comprehend the great honor, dignity and respect for the freedom
granted to the woman in Islam. Moreover, this practice preserves the equality
and equal right of a Muslim woman to the Muslim man in the right of carrying
their own independent name and to become a follower to the husband's family name
immediately after marriage. 5.
Preserving and honoring the rights of the weak and the disable person: Islam
honors the elderly members in the Islamic society, respects them and extends
every possible assistance to them. Individuals who have dedicated their lives
for the sake of society and nation must be truly honored and respected.
Similarly, the disable persons, who are tested and tried by Allah (subhanahu wa
ta'ala) with such disabilities, are also to be respected. They are disabled,
Allah knows best, to test their patience and to let others benefit from seeing
them and appreciate the Grace of Allah unto them as healthy people are perfectly
enjoying all their limbs and organs properly. This is based on the statement of
Allah's Messenger (peace and blessings of Allah be upon him):“ He is not considered among us Muslims, who does not show
mercy to our youngster and show respect to our elders” [7]. Furthermore,
this practice is also based on the Hadith of Allah's Messenger (peace and
blessings of Allah be upon him):
“Never a young man respects and honors an elder at his old age, but the
Almighty Allah will pay such a person back at his old age. Allah (subhanahu wa
ta'ala) will avail people to respect such a young respectful man at the old age
when he needs it most” [8].
As for the helpless orphan, who really needs help and proper care, the Almighty
Allah states in the Glorious Qur'ân Sura Dhuha, (The Forenoon), 93:9 the
meaning of which is to the effect:“ Therefore treat not the orphan with harshness”. Also,
the Almighty Allah states in the Glorious Qur'ân Sura Isra (The Night Journey)
17:34 the meaning of which is translated as:“ Come not nigh to the orphan's property except to improve
it, until he attains the age of full strength; and fulfil (every) engagement,
for (every) engagement, will be inquired into (on the Day of Reckoning)”. Furthermore,
the Almighty Allah states in the Glorious Qur'ân Sura Nisa (The Women) 4:10 the
meaning of which is to the effect:“ Those who unjustly eat up the property of orphans, eat
up a fire into their own bodies: they will soon be enduring a blazing fire!”. Yet,
Allah (subhanahu wa ta'ala) addressed the preservation of the rights of the
innocent children whose parents might commit a crime against them due to poverty
and total ignorance by killing them. Allah (subhanahu wa ta'ala) stated in the
Glorious Qur'ân Sura Anam (The Cattle) 6:151the meaning of which is translated
as:“
Say: Come, I will rehearse what Allah has (really) prohibited you from":
join not anything as equal with Him; be good to your parents; kill not your
children on a plea of want - We providesustenance for you and for them- come
not nigh to shameful deeds, whether open or secret; take not life, which Allah
has made sacred, except by way of justice and law: thus does He command you,
that you may learn wisdom”. In this fashion we can see the
preservation of the weak, gullible and less affluent people in the Islamic
society.[9]. 6.
Public and private rights in Islam: Islam
endeavors to strengthen the social ties among the members of the Islamic
society. Therefore, Islam first addressed the rights of the immediate members of
the family. All the kindred have rights in Islam towards each other. The value
and the importance of such rights vary according to the degree of relationship.
The Almighty Allah states in the Glorious Qur'ân Sura Nisa [The Women] 4:1 the
meaning of which is to the effect:“ Oh Mankind! Reverence your Guardian-Lord, who created you from a
single Person, created, of like nature, his mate, and from them twain scattered
(like seeds) countless men and women; fear Allah, through Whom you demand your
mutual (rights), and (reverence) the wombs (that bore you): for Allah ever
watches over you”. Furthermore,
the common relationships were not neglected in Islam either. Varied
relationships between people make up a network, which joins people or makes them
closer socially to each other. Distant people to each other need a type of bond
that brings them together in a close net in order to appreciate one another.
Hence, Islam establishes the basis for such a cohesive society. The Almighty
Allah states in the Glorious Qur'ân Sura Hajj [Pilgrimage] 22:41 the meaning of
which is to the effect:“
(They are) those who, if We establish them in the land, establish regular prayer
and give regular charity, enjoin the right and forbid wrong: with Allah rests
the end (and decision) of (all) affairs”. This
type of strengthening relationship is also based on the statement of Allah's
Messenger (peace and blessings of Allah be upon him): “The example of Believers in love, affection, cooperation
and collaboration is like that of one body. If one organ of the body aches, the
entire body will support the aching body by staying awake (in defense against
the attacks of the foreign bodies) and by getting feverish (a state that shows
the cooperation of the entire systems of the body to defend against the invading
microbes or disease)”[10] Therefore, there are well-established
public and private rights in the Islamic society. We will focus on the most
important ones.
The
Rights of Parents
The rights of parents mean, in short, their total obedience. This obedience must not contradict the obedience of Allah's Commands. It also involves being equally kind to both parents in terms of gifts and care. Additionally, a son or daughter must secure necessary items for parents in terms of food, clothing and proper shelter (with him and his family in the first place whenever possible).
Moreover,
a son or daughter must demonstrate all humility and respect to both parents
equally. A Muslim believing son or daughter must not show any arrogance against
his both parents. A son or daughter must demonstrate all patience and
perseverance when serving both his/her parents, equally. A son/daughter must
show every possible consideration to the feelings and the emotions of his/her
parents equally. This is based on the instruction of the verse of the Glorious
Qur'ân Sura Isra (Night Journey) 17:23 the meaning of which is translated as:“
Your Lord has decreed that you worship none but Him, and that you be kind to
parents. Whether one or both of them attain old age in your life, say not to
them a word of contempt, nor repel them, but address them in terms of honor”. This
is also based on the directive of Allah's Prophet and Messenger (peace and
blessings of Allah be upon him) saying:“ Allah's Pleasure (with man) is based on the
pleasure of both parents (with their child). Similarly, the Wrath of Allah (with
a person) is also based upon the anger of the parents of such a child”[11]. Moreover,
both parents are entitled for such right even if they are not Muslims so long as
they do not command their children to do any act of disobedience of Allah (subhanahu
wa ta'ala). This is based on the instruction of Allah, Messenger (peace and
blessings of Allah be upon him) reported by Aeshah (may Allah be pleased with
him), 'My mother, while still not Muslim, came to visit me. I asked Allah's
Prophet (peace and blessings of Allah be upon him) concerning her visit (and how
to treat her while visiting me) and said, My mother is eager to visit with me.
Should I (or should I not) extend my courtesy (as a host) to her? He (peace and
blessings of Allah be upon him) said, Mother, must be given priority in terms of
kindness, sympathy, good feelings, love and affection. This is based on the
advice of Allah's Prophet (peace and blessings of Allah be upon him):“
A man came to Allah's Prophet (peace and blessings of Allah be upon him) and
asked him, Oh Prophet of Allah! Who is the most worthy and deserving person of
my companionship? He (peace and blessings of Allah be upon him) replied, Your
mother. The man further asked, Then who is next (in terms of receiving best of
companionship)? The man asked, who is next worthy person of my companionship?
Allah's Messenger replied, your mother. The man asked [for the third time] who
is next? Allah's Messenger replied, It is your mother. The man asked [the fourth
time], who is next? Allah's Messenger replied, Then is your father. Then the
next in kin”[12]. Thus,
we notice that Allah's Messenger (peace and blessings of Allah be upon him)
assign the mother with a three-fold portion of the right of companionship, while
offered the father only one share. This is because, Allah knows best, due to the
fact that mothers suffer lot of hardships as it is not the case with the
fathers. The mother raises, bears and extends parental care to the child.
Additionally, it is based on the instructions as given the verse of the Glorious
Qur'ân, Sura Ahqaf 46:15 the meaning of which is translated as: “We haven joined on man kindness to his parents:
in pain did his mother bear him, and in pain did she give him birth”. Mothers
bear their child in the fetus for nine months. Fetus imposes in his nutrition on
mother's food while in embryo. Mothers also suffer greatly with labor and
delivery process. Then, mothers suffer further for caring of the child after
birth as well.
The
Rights of Husband in Relation to His Wife
Financial
and other means of care: A
husband has the right of home management and direction. A husband, although a
leader, but is not tyrant governor. A husband has the authority to see that
family's interests are best served. This is based on the instructions of the
verse of the Glorious Qur'ân, Sura Nisa (The Women) 4:34 the meaning of which
is translated as:“ Men are the protectors and maintainers of women, because
Allah has given the one more [strength] than the other, and because they support
them from their means”. Furthermore,
the husband, as a man, is more rational in resolving issues of family life.
Wife, as a woman, is emotional in general. A
wife is required to obey the commands and instructions of her husband so long as
these do not involve any act of disobedience to Allah's Command, and the
Prophet's directives. This is in response to the instruction of Allah's
Messenger (peace and blessings of Allah be upon him) based upon Aeshah's
question to him:“
Whose right is greatest on a woman? He (peace and blessings of Allah be upon
him) replied spontaneously, replied spontaneously. Similarly, when Allah's
Messenger (peace and blessings of Allah be upon him) was asked, whose right is
greatest on a man? He (peace and blessings of Allah be upon him) replied, It is
his own mother”[13] A
wife must not impose on her husband things that he cannot afford, or ask him for
things that he is not capable to produce. A woman is also required to protect
the wealth, the children and the lineage [by protecting herself and being
completely chaste.] Additionally a wife must not leave her husband's home
without his prior knowledge and approval. A wife is also, not allowed to let any
person whom the husband hates, or dislikes to see in his home. This is based on
the instructions given by Allah's Messenger (peace and blessings of Allah be
upon him): “The best of woman is that whom if you look at her you will be
pleased (to see), if you command her [to perform any lawful action] will obey
you, and if you are absent, or away from her (house) she will protect and
preserve your wealth and lineage”[14]
The
Rights of the Wife in Relation to Her Husband
1.
Dowry: A
wife is entitled for a dowry from her husband. A marriage contract is incomplete
without it. A dowry is not to be forfeited, even if the wife forgives, except
after the marriage contract is concluded. Upon completion of a marriage contract
a wife may forfeit her right for dowry. This is based upon instructions of Allah
(subhanahu wata'ala) in the Glorious Qur'ân, Sura Nisa (The Women) 4:4 the
meaning of which is translated as:“ And give the women (on marriage) their dower as a
free gift; but if they, of their own good pleasure, remit any part of it to you,
take it and enjoy it with right good cheer”. 2.
Equality and Fairness: These
two principles must be put into practice if a husband is having two or more
wives. The wives of one man are entitled to fairness and equality of treatment
from the husband. Thus, the husband who is married to more than one wife must
provide equally for all his wives. He must offer them the same housing
conditions, the same or comparable clothing and must offer them equal time to
spend with each one of them. Otherwise, such a husband is guilty of injustice
and he is unfair in treating his wives. This principle of fair treatment is
based on the instruction of Allah's Messenger (peace and blessings of Allah be
upon him) to the effect:“ He who acquires two wives and does not treat them
both equally (or justly), on the Day of Judgement (such a husband) will appear
with one side of his body heavier than the other (and not in soundness of body
and limbs)”[15] 3.
Financial Support: A
husband is required to provide financial support to his wife, family and
children. The husbands are required to provide suitable housing and living
condition to their household. The husbands must provide all essential and basic
requirements for his wife (wives) and the entire household and family members'
living expenses, medical care, clothing and all basic needs. The husbands must
provide to their families within their means and limits. This is based on the
instructions of the verse of the Glorious Qur'ân, Sura al-Talaq (The Divorce)
65:7 the meaning of which is translated as: “Let the man of means spend according to his
means: and the man whose resources are restricted, let him spend according to
what Allah has given him. Allah puts no burden on any person beyond what He has
given him. After a difficulty, Allah will soon grant reliuef”. The
Prophet peace and blessings be upon him is reported to have said, in the hadith
narrated by ‘Umar bin al-Khattab, Allah be pleased with him, to the effect:
”Enough it
is as a burden of sin on a man if he does not provide for his family whom he is
duty-bound to provide for their sustenance”.
4.
Equal time and intimate relationships: One
of the most important rights of a wife towards her husband is to secure and
provide a satisfactory level of intimate relationship and spend a fare amount of
time with him and his family members. Islamic laws and teachings persist on his
principle and capitalize heavily on it. This right of the wife, wives and family
members must be fully maintained. A wife needs an affectionate husband to take
care of her and fulfill her basic living needs. Otherwise, if the man does not
provide necessary care and affections, the resultant situation may lead to
destroy the marriage, May Allah protect. 5.
Protection of all the secrets of the wife: A
husband must not disclose any of his wife's deficiencies or shortcomings. A
husband must keep all what he sees and hears from his wife as a treasured secret
that should not ever be disclosed or become a public consumption. All intimate
relationship between a husband and wife in Islam must be cherished, protected
and never be disclosed in public for any reason. Marital relationships are
sacred relationships according to Islam and must not be tampered with. This is
based on the instructions of Allah's Messenger (peace and blessings of Allah be
upon him):“ One of the worst positions in the sight of Allah on the
Day of Judgement is that of a man [husband] who will have an intimate
relationship with his [lawful] wife and then either of them discloses the
secrets of his partner [spouse] in public”[16]. 6.
Fair and kind treatment: A
husband must provide good and just treatment to his wife/wives and household. A
husband must demonstrate care, kindness and solve any problem within his means.
A husband must forbear the deficiencies, temper of his wife and her shortcomings
in order to seek the Pleasure of Allah I in both worlds. A husband must consult
with his wife/wives concerning their life and future needs and plans. A husband
must not demonstrate an authoritative opinion or a dominant attitude at all
times. It is not necessary that decision of the husband must prevail all the
time. A husband is required to secure and provide for his wife/wives and
household all means of loving, peaceful and caring environment at home and
outside. A husband is required to demonstrate his true love to his wife/wives
and family members. A husband must be kind, considerate with his wife and
children. This
is clear from the verse of the Qur’an to the effect: “And among His Signs
[showing His Compassion and Wisdom] is this, that He created for you mates from
among yourselves, that you may dwell in tranquility and satisfaction with them,
and He has put love and compassion between your (hearts); verily in that are
signs for those who reflect” (al-Rum.21). This is also based on the
instructions of Allah's Messenger (peace and blessings of Allah be upon him):
“The most complete faith of Believers are those who posses the best of
character [attitudes and behavior]. Moreover, the best among you [Muslim] are
those who are best to their wives” [17] 7.
Protection
and Preservation: A
husband must not place his wife or family members, or expose them to any
dangerous or evil situations. A husband must not allow his wife or family
members to be in evil environment. In fact the husband must educate his family
members to make them gain salvation in this world and the hereafter. This is
based on the instructions of the verse of the Glorious Qur'ân, Sura Tahreem
66:6 which is to the effect:“ Oh you who believe! Save yourselves and your families
from the Fire whose fuel is Men and Stones, over which are (appointed) angels
stern (and) severe, who flinch not (from executing) the Commands they receive
from Allah, but do (precisely) what they are commanded”. In
another verse the Qur’an states clearly to the effect: “And let those
[disposing an estate] have the same fear in their minds as they would have for
their own if they had left a helpless family [or progeny] behind, let them be
conscious of Allah, and speak words of appropriate [comfort]” (al-Nisa’
9). 8.
A husband must protect the private wealth, properties and personal
financial assets of his wife: A
husband must not take or abuse any of her personal funds without her prior
permission. A husband must not do any transaction, which concerns his wife's
finances without her consent. The
Rights of Children
There
are a number of rights for children. Essentially, they have the right to a
decent and peaceful life as well as to good and worthy names. In addition, they
are entitled to necessities of life, which include affordable house and lawful
food. In addition, they are entitled to useful education and proper upbringing.
As such, they must receive good moral character as well as protection against
all possible vices and bad habits such as: lying, cheating, theft, jealousy,
deception and unkind attitudes towards parents. This is based on instructions
given by Allah's Messenger (peace and blessings of Allah be upon him): “It
is a sufficient sin to put to waste, those whom you support [this means, not to
provide every possible care and proper upbringing]” [18] Furthermore,
children are entitled for a just and equal treatment. No child should be given
priority or any type of preference over the others in terms of gifts, grants,
ownership or inheritance. Similarly, all children must be equally treated in
terms of kind treatment and good behavior. An unfair treatment to children may
result in bad behavior towards either or both parents in old age. Any unfair
treatment to children may also causing hatred towards one another. This is based
on the instruction of Allah's Messenger (peace and blessings of Allah be upon
him) when a man came to ask him, “ Oh Prophet of Allah! I want you to offer a share
to one of my children and I want you to be a witness for that. Upon hearing this
man's request, Allah's Messenger asked, Are you offering the gift to all of your
children? The man who asked replied, No. I am not! Allah's Messenger commented,
Then, seek someone else to witness your gift as I will not witness to an unjust
and unfair situation. Be mindful [and Fear] of Allah. Be fair, just and equal in
treatment of your children” [19] These
are clear injunctions in Islam which show the importance of preserving the human
progeny, which is meant for continuing the children of Adam on the planet earth,
so that the religion of Allah continues until the day of the final end. In fact
man as the theomorphic being is duty-bound to realize the full potentialities of
the true religion on the earth in all its amplitude and depths. It is through
the continued presence of man – and hence his progeny—Wallahu a’lam. *
Being a note discussing paper “Preservation of Progeny: Issues from the
Shari’a Perspective” by Dr M.S.Sujimon of the IIUM for the Seminar on the
Preservation of Progeny in Islam, organized by IKIM and UiTM Shah Alam, BIOTEK
and the Ministry of Science, Technology and Environment, on 27- 28th
April 2004. See
“Misconceptions On Human Rights in Islam” by Abdulrahman A.Al-Sheha, in http://www.ymofmd.com/books/mishumanrights/rights_physi.htm#note35. [1]
Bukhari,
Hadith No. 3036. [2]
AbuDaoud, Hadith No. 2050. [3]
Abu Dawoud, Hadith No. 2263 and Nasaiee, 6:179. [4]
Zihar is the practice of saying to one's wife, 'You are declared
unlawful to me like the back of my mother is.' This is an unlawful practice in
Islam, which is banned from pre-Islamic Jahiliyyah society. [5]
This is a known title in the pre-Islamic Jahiliyyah society given to the
person, or a group of people who surrender themselves as loyal followers to a
tribe or a clan, although they do not belong to them, for the sake of protection
and seeking their support. Those individuals do not have the same class,
category or rights as the original tribe or clan members. [6]
AbuDaoud, 6:181. [7]
Abu Dawoud, Hadith No. 1984 and Tirmithee Hadith No. 2091. [8]
Tirmithee. [9]
AbuDaoud, Hadith No. 3477. [10]
Sahih Bukahri, Hadith No. 2238 and Sahih Muslim, Hadith No.2586. [11]
Tirmithee, Hadith No. 1962. [12] Bukhari Hadith No. 2227, Muslim Hadith No. 2584 and
Tirmithee, Hadith No. 1959. [13] Al-Hakem. [14] Ibn Majah, Hadith No. 1862. [15] Nasaiee, 7:63. [16] Muslim, Hadith No. 1437. [17] Tirmithee, Hadith No. 1162. [18] Abu Dawood, Hadith No. 1692. [19] Bukhari and Muslim, Lulu and Morjan, Hadith No. 149. |
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