Wednesday, September 12, 2012

Rights of a Child in Islam

Bismillahir Rahmaanir Raheem


Allah (swt - the almighty) has specified that children in Islam should be granted their rights, by parents, the state and society. Rights to freedom, rights to development and education right to live freely, away from abuse and intoxicants and negative influence. It is the OBLIGATION of every parent to secure this. 

The Quran says: "O mankind! Reverence your Guardian-Lord, who created you from a single person, created, of like nature, his mate, and from this pair scattered (like seeds) countless men and women. Reverence Allah, through Whom you demand your mutual (rights), and reverence the wombs (that bore you); for Allah ever watches over you." [Noble Quran 4:1]
 Abu Shuraih Khuwailid bin `Amr Al-Khuza`i (May Allah be pleased with him) reported: The Prophet (sallallaahu ’alayhi wa sallam) said, "O Allah, I declare inviolable the rights of two weak ones: the orphans and women".
[An-Nasa'i].

Imam Al-Nawawi's Riyad-us-Saliheen writes, as explanation to the above:
The poor are generally treated callously in human society. Women and orphans are regular victims of this cruelty. They are deprived of their share in property to which they are entitled under the Islamic law. In some cases their properties are usurped and they are maltreated at the hands of usurpers. The Prophet (sallallaahu ’alayhi wa sallam) has threatened them with serious consequences to prevent the Muslims from committing such injustice. The attitude of Muslims and the teachings of Islam in this matter are two different things. How can Islam be blamed for the attitude of Muslims? It is time Muslims should understand that Islam is getting a bad name because of their bad conduct. As a result of this they are committing a double crime. On the one hand, they are guilty of usurping others of their legitimate rights and perpetrating cruelties, and on the other, disgracing their religion. In other words, rather than preaching Islam they are creating obstacles in the way of people joining the fold of Islam.   

As I said in the first blog, you get muslims and muslims, like you get christians and christians, but in Islam, the BOOK is the Truth and remains unaltered and everyone will answer for what they have done.

NOWHERE in Islamic teaching does it say a girl should be given less rights than a boy. If you've been brainwashed by media into thinking that Islam supports "women are inferior" you may want to revisit what religion you're actually looking at - Islam has no caste system; that's a different faith; hinduism, among others.




Islam prohibits infanticide or killing of female infants. This is considered a serious crime of murder.
 
Surah Al-Takvir Chapter 81, Verses 8 and 9 (81 : 8-9)
“When the female (infant), buried alive, is questioned, for what crime she was killed.” (17:31), (6:15)
 
Note: In pre-Islamic Arabia killing of female infants was very common and very often the moment a female was born she was buried alive.  Islam not only prohibits female infanticide, but it forbids all types of infanticide, irrespective of whether the infant is a male or female.
 
Surah Al-Anam chapter 6, Verse 151 (6:151).
“Kill not your children on a plea of want. We provide sustenance for you and for them. Come not near shameful deeds, whether open or secret. Take not life which Allah has made sacred.”
 
A similar guidance is repeated in Surah Al-Isra Chapter 17, Verse 31 (17:31).
 
“Kill not your children for fear of want: We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin.”
In pre-Islamic Arabia killing of female infants was very common and very often, the moment a female was born, she was buried alive. However, after the spread of Islam in Arabia, Al hamdulillah, this evil practice has been discontinued for the last 1,400 years
More information on female infanticide and WHERE and HOW it occus is available here: http://www.islamawareness.net/FamilyPlanning/Infanticide/fit_article001.html

ISLAM SAYS ABOUT FEMALE CHILDREN: Prophet Muhammad (Pbuh) said, “Anyone who brings up two daughters properly they will be very close to me on the day of Judgment.”




So WHAT ARE THE RIGHTS OF THE CHILD IN ISLAM

If you're looking for "law" written up and translated for today's use, a full transcript is available here. This has been drawn up in an international convention on the rights of the CHILD in Islam -

http://www.oicun.org/uploads/files/convenion/Rights%20of%20the%20Child%20In%20Islam%20E.pdf  (full document here)

I Islam, the state has an obligation to uphold the rights of the child, as members of the society. So here are a few of the rights of the child in Islam:

  • No child shall be separated from his/her parents against their will and parents shall not have their rights of guardianship revoked except in cases of extreme necessity, in the interests of the child and with legal justification.
  • Even if removed, a child shall not be prevented from enjoying a relationship with their parent
  • Every child is capable of forming his/her own personal views  and shall have the right to express these either verbally or in writing, and even in law.
  • Every child is entitled to the respect of his/her own personal life/ Islamic and humane supervision of the child shall be subject only to that which is lawful
  • Every child has the right to join any peaceful civilian gathering in accordance with legal provision therefore which is compatible to his/her age, disposition, maturity, etc.
  • The upbringing of the child is the responsibility of the parent or legal guardian
    • The guardians will develop the personality, religious and moral values, sense of citizenship and islamic solidarity of the child so as to instill in him/her a spirit of understanding, dialogue, tolerance, and friendship among peoples.
    • The guardians will encourage the child to acquire skills and capabilities to face new situations and overcome negative customs, and to grow up grounded in scientific and objective reasoning
  • Every child has a right to free and compulasory basic education, learning the principles of Islamic education AND to the provision of the necessary means to develop his/her mental, psychological and physical abilities so as to allow him/her to be open to the common standards of human culture
    • Such compulsory and free primary education is to be provided to ALL children on an equal footing
    • Free and compulsory secondary education is to be made available to ALL children, on a progressive basis within 10 years
    • Higher education is the right of the individual, while observing the capability and interest of each child, in accordance witht he education system in each state
  • Every child has the right to wear clothes compatible with his/her beliefts, while complying to Islamic Sharia, public etiquette and modesty
  • All gifted and outstanding children have the right to be taken care of at all stages of education
  • The child approaching puberty has the right to proper sec education, distinguishing between the lawful and the unlawful
  • The child is entitled to times for rest and play, and to exercise activities suitable to his/her age during this free time
  • Every child is entitled to participate in cultural, artistic and social spheres
    • Parents have the right to oversee the child while excercising these activities so that these aer within educational, religious and moral frameworks
    • Every child is entitled to custody and maintenance
    • Every child has the right to benefit from social security in accordance with national laws
    • State parties shall be OBLIGED to REDUCE the prices of services and exempt children from tariffs and taxes
    • Every child is entitled to a living standard suitable to his/her mental, psychoilogical, physical and social development
    • The islamic state shall guarantee for the child MANDATORY MEASURES to compell his/her parents or legal guardians under Shari'a law to offer him/her support according to their abilities
  • Every child is entitle to physical and psychological care, achieved through:
    • Care for the mother from onset of pregnancy and during natural nursing either by the mother or someone else if the mother is unable to suckle
    • His/ her right to necessary measures to REDUCE infant and child mortality rates
    • A COMPULSORY medical examination for prospective couple to ensure the absence of contagious and congenital diseases
    • The male child has a right to circumcision
    • NO parents or other may medically alter the colour, shape, features or sex of the fetus except for medical necessities
    • The child has a right to preventative medical care, disease and malnutrition control, and healthcare for the mother
    • The child is GUARANTEED the right to be protected from narcotics, intoxicants and other harmful subtances as well as from infectious and endemic diseases (whatever this may require of state or society)
    • Disabled children are entitled to receive special care for his/her specific case as per his/her needs, free of charge or with nominal fees
    • Disabled children have the right to assistance to be rehabilitated wherever possible, the right to training and the right to medical, psychological, social, education, professional and entertainment needs.
  • EVERY child has the right to be PROTECTED FROM:
    • illegal use of drugs, intoxicants and participation in their production, promotion or trafficking
    • ALL forms of torture or inhumane treatment in ALL circumstances and conditions, smuggling, kidnapping or trafficking of him/her self
    • ALL forms of abuse, particularly sexual abuse
    • Cultural, ideological, information and communication invasion which contradicts his/her rights within Shari'a or national interests
  • NO CHILD SHALL BE OBLIGED TO:
    • risky work or work which obstructs his/her education, health or physical or spiritual growth
    • a minimum working age, conditions and hours based on maturity - sanctions shall be imposed against those who contravene these regulations
  • NO CHILD SHALL BE DEPRIVED OF
    • his/her freedom, save in accordance with the law and for a reasonable AND specific period
    • his/her freedom - his/her human rights shall be respected and his/her basicfreedoms and needs pertinent to age
  • A child MAY be legally detained IN the case of CRIME, but even then:
    • A child deprived of rights to freedom (jailed) shall be separated from adults in special places for delinquent children, for a determined period of time
    • A child shall be informed immediately about the charges against him/her - the guardians shall be present
    • the child shall be provided legal and humanitatian assistance
    • a juvenile court
    • NO child shall be compelled to plead guilty or to offer testimony
    • any punishment shall be for the purposes of REFORM and CARE for re-integration into society
    • a minimum age under which the child may not be tried MUST be determined in every case
    • Respect for the child's privacy must be maintained throughout
  • THe PARENT AND GUARDIAN shall protect the child FROM PRACTICES, and TRADITIONS which are socially or culturally detrimental or harmful to health , negatively affect their dignity or growth, and those leading to discrimination between children on the basis of gender or other grounds
For islamic games and educational online activities, visit http://www.islamicplayground.com/Scripts/default.asp
SO who is taking away her rights? Where is her right to dress as per her faith.. Why does she have a societal right to undress but not to dress as per her faith?..

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