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CHAPTER #1:- RIGHTS OF PARENTS IN THE LIGHT OF QUR’└N AND SUNNAH

1.1.Introduction

Islam is unique in that it places a high value on treating parents with kindness, tolerance, and

respect. In the Qur’an, God mentions compassion to parents on several times alongside Tawhid.

Worship God and join non with him and do good to parents1

As a result, children owe it to their parents to love and respect them. At every stage of their lives,

they are the most deserving of respect and admiration. A child may not neglect his or her parents

under any circumstances. They should be treated with respect and not asked to take second place

to anyone. Allah Almighty says in Qur’┐n.

Your Lord has decreed that you worship non 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 honor2

The first commandment in this verse is to worship only Allah. This is Islam's first and the most

essential pillar, because making partners with God is the one sin that cannot be forgiven. Kindness

to parents comes first on this list. We're not supposed to treat them with disdain. The word given

in Arabic is “oof”, Even this simple word of contempt is unacceptable. Instead, God has instructed

us to address them with respect and honor. In another verse Allah Almighty says:

And out of kindness, lower to them the wing of humility. And say, ‘My Lord Bestow on
them you mercy even as they cherished me in childhood’3

1
Al- Qur’┐n, 4:36 Translation by Muhammad Taqi-ud-Din al-Hil┐li, Muhammad Muhsin Khan (Madina
Munawwra: King Fahad Gloriou Quran Printing Complex)
2
Al-Qur’┐n,, 17:23
3
Al-Qur’┐n,, 17:24
2

It is so crucial to value one's parents that we must treat them with respect even if they advise us

not to accept God's command. God says in Quran:

But if they strive to make you join in worship with me things of which you have no
knowledge, obey them not, yet bear them company in this life with justice (and
consideration)4

In Isl┐m, there is no concept of abandoning our parents, even if they are non-believers. To expand

on this idea, consider the following: there is saying of Holy Prophet (PBUH) narrated by Hazrat

Asma (Allah be pleased with her) Daughter of Hazrat Ab┴ Bakar. Asma once asked the Prophet

(PBUH) how she should treat her mother, who was not monotheist. He (SAW) said, “Treat her in

a good way.”

In Islam, a significant place and treatment is reserved for mothers. This is due to the fact that they

carry their children for nine months and are their primary caretakers as children. Holy Prophet

(PBUH) said:

Paradise lies under the feet of the mother5

A man once performed his pilgrimage while carrying his elderly mother on his back. The Prophet

(PBUH) reminded him that this did not even come close to compensating his mother for a single

kick he gave her when he was in her womb. According to the Qur’┐n, Prophet Ibrahim's father

was ready to murder him for destructing religious idols and leaving his faith. Instead of losing

control, Ibrahim (A.S) just prayed to God for pity on his father and to assist him in discovering the

truth. There are various ways to strengthen our relationship with our parents. We must remember

the importance of our parents in our life; there are different verses that teach us to treat them with

4
Al-Qur’┐n,, 31:15
5
Sunan al-Nasai, Abu Abd ar-Rahm┐n Ahmed ibn Shuayb ibn Ali ibn Sinan al-Nasai, translated by
Nasiruddin al-Khattab (Riyadh: Maktaba Dar-u-Salam, 2007), 3104
3

kindness. Many of The Prophet's (PBUH) sayings also instruct us how to deal with them6. In one

story, The Prophet (PBUH) compared caring for parents to fighting for God's cause, the highest

good a Muslim can accomplish. In another, we're taught that looking nicely at our parents is

equivalent to performing the Hajj, or journey to Mecca. It's crucial to remember to pray for your

parents on a regular basis.7

Isl┐m imposes responsibilities on children regarding their parents, particularly when parents age

and become frail. Allah orders people to be sympathetic toward their parents, to treat them with

kindness and mercy, and to obey them in the same way their parents treated them in their

childhood. Obeying the parents and being respectful to the parents are on top of the parents' rights.

Except for Allah, no one else appears to be more kind and loving than parents. Because of the

centrality of this obligation, when Allah enjoins the duty of being sympathetic to one's parents in

the Qur’┐n, it invariably follows the exhortation to worship only one God. Muslims are required

to treat their parents with care and compassion, and are forbidden from making even the tiniest

gesture or voicing even the tiniest rebuke to them8. Parents must not be treated with impatience,

disdain, or contempt. Only when children show humility to their parents does Allah appreciate

them. However, as a demonstration of compassion to their parents, Allah orders Muslims to

address their parents with reverence and use very polite and delicate words. One of the most

important doors to good is filial obedience9. This was revealed in a hadith narrated by the Prophet

(PBUH) when Abdull┐h Bin Mas┴d asked the Prophet (PBUH):

“Which deed is loved the most by Allah?” The Prophet (PBUH) replied: “To offer prayer
at their first stated times”. Abdull┐h asked, “What is the next (In goodness)?” The Prophet

6
Doctor Raghib Al-Sirjani, “Parents” right in Islam”, available on https://www.isamstory.com (lastly
accessed on Novmber, 8 2021)
7
Ibid
8
Ibid
9
Ibid
4

(PBUH) said: “To be good and dutiful to one’s parents”. Abdull┐h asked, “What is the
next in goodness?” The Prophet (PBUH) said: “To participate in ji╒┐d for Allah’s
Cause”.10

In another place Holy Prophet (PBUH) said:

You and Your property belong to your father11

These traditions demonstrate the Islamic Shariah's high level of preservation of society's

pure values and protection from being broken and destroyed.

1.2.Rights of Parents according to Provisions of Qur’┐n and Sunnah:-

Human beings have a unique position among God's creatures, necessitating specific rules and

treatment in all matters material, moral, and social. Islam has established specific guidelines with

regard to children, women, parents, plants, animals, and even non-living material utilizations

through the Qur’┐n and Sunnah, as well as the practical example of the Holy Prophet (PBUH).

Children's rights are guaranteed in Isl┐m, but they also have responsibilities toward their parents.

Isl┐m lays stress on the rights of parents.12

Allah the most high says in Qur’┐n:

And we have enjoined upon man, to his parents good treatment13

The wisdom of Allah's commandment is that, the parents were powerful when the kid was very

tiny and helpless, Parents were filled with parental devotion, and they offered all of their assistance

and kindness. As a child grows older, a period occurs where the roles are reversed. Children

become powerful, while parents become weak. As a result, they should treat them in the same way

they treated them as children. Parents provide us with a plethora of benefits. To provide comfort

10
Al Bukhari: kit┐b al Adab (Book of good Manners and Form), Chapter Compassion and relations (5625),
and Muslim:Kitab Al Em┐n (Book of Faith), chapter Believing In God Is The Best Deed (137)
11
╗ahih Ibn ╒ibban, Muhammad Ibn ╓ibban ibn Ahmed al-Tamimi al- Busti, (Ibn Hibban’s Sound
Collection) 2/142
12
Bilal Amed Wani, Rafique Anjum, “Rights of Children in Islam and Contemporary Scenario”, available on
http://ssrn.com/abstract=3870757 (lastly accessed on November 10, 2021)
13
Al-Quran 46:15
5

and sleep to her kid, the mother sacrifices her sleep. Their physical, psychological, emotional, and

educational demands are all met by their father's efforts. So they deserve an utmost care, love and

respect and in this chapter we will discuss and understand the rights of parents according to the

injunctions of Isl┐m as enunciated in Qur’┐n and Sunnah.14

1.2.1. Right to be respected and kind and to be Obedient to them:-

Parents spend the most of their life with their children, teaching them and mentoring them.

Honoring and valuing one's parents is not something that should be done once a year in Islam;

rather, it should be done every day.15

Narrated Hazrat ╓urairah (Allah be pleased with him) that Holy Prophet (PBUH)
said:
Verily, Allah made the creation, and when he finished, the womb said: Allah this place, I
seek refuge in you from those who serve me. Allah said: Are you not pleased that I keep
good relations with those who are good to you, and I will cut off whoever severs relations
with you? The womb said: Yes, My Lord. Allah said: Then it is for you16

Forgiveness, patience, and respect are all values emphasized in Isl┐m. Allah has commanded that

we treat our parents with respect and has cautioned us from doing so. Allah the most high says:

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. And out of kindness, lower to them the
wing of humility and say: “My Lord! Bestowed on them Mercy even as they cherished me
in Childhood17

In another verse Almighty says:

14
Mirza Ehtishamuddin, The Rights of Parents, (Hyderabad: Al-Ather Islamic Centre, 2011), 8-26
15
https://www.hidayahnetwork.com (lastly accessed on November, 13 2021)
16
╗hahih Al-Bukh┐ri 5641, Sahih Al- Muslim 2554
17
Al-Qur’┐n, 17:23-24
6

And we have enjoined upon man, to his parents, good treatment18

It is one of the beauties of Isl┐m that, Isl┐m forbids being disrespectful to them even if they are

non-Muslim. To be respectful to your parents is one of the most significant teachings of Isl┐m.

Hazrat Abdullah Bin Mas┴d (Allah be pleased with him) narrated that I asked Holy
Prophet (PBUH): “Which deed is the dearest to Allah?” He Replied, “To Offer the prayers
at their early stated fixed times.” I asked, “What is the next (in goodness)?” He replied.
“To be good and dutiful to your parents” I asked again. “What is the next (in goodness)?”
He replied, “To participate in Jih┐d in Allah’s Cause.” Abdull┐h added, “I asked only that
much and if I had asked more, the Prophet (PBUH) would have told me more.”19

In another narration while explaining the importance of mothers Holy Prophet (PBUH) Said:
Paradise lies under the feet of mother20

It is right of parents that their children should treat them with kindness, obedience, kindness and

honor. Devotion to parents is natural instinct which must be strengthened by deliberate actions.

Hazrat Isma┘l’s (A.S) obedience is one of the best examples of obedience. Allah says in Qur’┐n:

And when he reached with him (the age of) exertion, (the ability to work and be of
assistance) he said, “O my Son, Indeed I have seen in a dream that I must sacrifice you, so
see what you think.” He said, “O my Father, do as you are commanded, you will find me,
if Allah wills, of the steadfast. And when they had both submitted and he put him down
upon his forehead, we called to him, “O Ibrah┘m, you have fulfilled the vision.” Indeed,
we thus reward the doers of good. Indeed, this was the clear trial. And we ransomed him
with the great sacrifice, and we left for him among later generations21

The Prophet (PBUH) said:

The content of the Lord lies in content of the father, and the wrath of the lies in wrath of
the father22

In another place Holy Prophet (PBUH) said:

18
Al- Qur’┐n, 46:15
19
Al-Bukh┐ri 1/505 and 4/41 and Muslim , 151
20
Sunan An-Nisai, Jihad, 6
21
Al-Qur’┐n 37: 102-107
22
Sunan Al-Tirmidhi, Abu Isa Muhammad ibn Isa as- Sulami ad-Darir al-Bughi al-Tirmidhi translated by
Ab┴ Khaliyl (Riyadh: Dar-us-salam publications, 2007) 1899
7

When he was asked about the rights of the parents upon their children: “They are your
heaven and your hell”23

In Islam, pleasing one's parents is so essential that a son is barred from volunteering for jih┐d

without his parents' approval, despite the fact that fighting in Allah's cause has so immense worth.

Hazrat Abdullah Bin Umar narrated that:

A man came and sought permission for jih┐d. Holy Prophet (PBUH) asked him: “Are your
parents living? The man said” yes, then Holy Prophet (PBUH) said, “Then carry on Jih┐d
in service to your parents as this as good as jih┐d.”24

We are not allowed to express our indignation or rage, or even raise our voices, in front of our old

parents, according to Isl┐m. Whoever expresses appreciation to Allah while neglecting his parents

will not be accepted. It was said that Allah's Messenger declared that anybody who disrespects his

parents, reminds beneficiaries of his charity, or is addicted to drink would not reach heaven.25

Narrated Ab┴ Bakr (Allah be pleased with him): Allah’s Apostle said:

“Shall I inform you of the biggest of the great sins?” They said, “Yes, O Allah’s
Apostle (PBUH)!” He said, “To join partners in worship with Allah, and to be
undutiful to one’s parents.”26
Narrated Abdullah Bin Amr (RA): Allah’s Messenger said:
“It is one of the greatest sin that man should curse his parents.” it was asked (by the
people), “O Allah’s Messenger, How does a man curse his parents?” The Prophet
(PBUH) said, “The man abuses the father of another man and the later abuses the
father of the former and abuses his mother.”27
In Isl┐m, the family is regarded as the most fundamental social unit. The parent-child bond is just

as vital as the husband-wife relationship. When you can't obey them, there's just one area where

23
Sunan Ibn-Majah, Abu Abdillah Muhammad ibn Yazid Ibn Majah al-Rabi al-Qazwini, translated by Ab┴-
Khaliyl (Riyadh: Dar-us-salam Publications) 3662
24
Al-Bukh┐ri, 8/3
25
Mirza Ehtishamuddin, The Rights of Parents, (Hyderabad: Al-Ather Islamic Centre, 2011), 8-26
26
Al-Bukh┐ri, 8/290
27
Al-Buk┐hri, 8/15
8

you may disobey them: when they prevent you from worshipping Allah Almighty. 28 Allah the

Exalted says in Qur’┐n:

But if they strive to compel you to associate with me that of which thou hast no knowledge,
do not obey them; but keep company with them in this life in the kind manner and follow
the way of those who turn to me. Then to me will be your return and I will inform you all
that you did29

Hazrat Anas (R.A) narrated from Allah’s messenger about major sins:

Holy Prophet (PBUH) observed: Associating anyone with Allah, disobedience to parents,
killing a Person and false utterance.30

In another verse Allah the Exalted says:

There has already been an excellent pattern in Ibrah┘m and those with him, when they said
to their people, “Indeed we are disassociated from you and from whatever you worship
other than Allah. We denied you, and there has appeared between us and you animosity
and hared forever until you believe in Allah alone”-Except for the saying of Ibrah┘m to
his Father, “I will surely ask forgiveness for you.”31

All the verses of Holy Qur’┐n and Prophetic traditions enumerated above demonstrate the utmost

value of parents. Teachings of Isl┐m avowedly show that children are not allowed to say even

harsh word to their parents. Parents are subject to extreme care, love, compassion, obedience and

respect and it is impossible to obey Allah and his Messenger without showing love, obedience and

compassion to one’s parents.

1.2.2. Right to be helped financially:

As parents grow old their energies also decline. Treating one’s parents with honor also requires

sustaining them with the living costs when they are needy. So it is the duty of the children to help

28
Mirza Ehtishamuddin, The Rights of Parents, (Hyderabad: Al-Ather Islamic Centre, 2011), 8-26
29
Al-Qur’┐n, 31:15
30
Sahih Muslim Book 1-0159
31
Al- Qur’┐n,, 60:4
9

their parents in any household work in which they can help. This is what Isl┐m expects from

children.32

Allah says in Qur’┐n:

They ask you, O Muhammad (PBUH), what they should spend. Say, “Whatever you spend
of good is (to be) for parents and relatives and orphans and the needy and the travelers.
And whatever you do of good- Indeed, Allah knows of it.”33

In another verse Allah the Exalted decrees upon us:

And we have enjoined upon man (care) for his parent. His mother carried him, (increasing
her) in weakness upon weakness and his weaning is in two years. Be grateful to me and to
your parents: To me is the (final) destination34

Narrated by Al-Mugh┘ra (R.A) the Prophet (PBUH) said, “Allah has forbidden you:

To be undutiful to your mother, to withhold what you should give, or demand what you do
not deserve and to bury your daughters alive. And Allah has disliked that you talk too much
about others. Ask too many questions (in religion), or waste your property.”35

Treating one’s parents with honor also requires sustaining (providing) them with the living cost

when they are needy.

Once A man come and said to the Prophet (PBUH) “O Messenger of Allah, My father asks
for my property.” Then the Prophet (PBUH) said, “Both you and what you possess are your
father’s.”36

When a kid is born, his or her parents must make changes to their lives to accommodate the new

arrival. Similarly, when children reach the age of stag hood, they must provide for their parents'

needs, according to Isl┐m. Perhaps by this time, the parents are too old or unwell to work, and

Allah commands the children to look after them. Earning children are responsible for providing

their parents with the same food, home, clothing, medical care, and way of life as they would want

32
Mirza Ehtishamuddin, The Rights of Parents, (Hyderabad: Al-Ather Islamic Centre, 2011), 8-26
33
Al-Qur’┐n,, 2:215
34
Al-Qur’┐n, 31:14
35
Al-Bukh┐ri, 8/6
36
Ibn-Majah and Ahmed
10

for themselves37. "You and your father's property," as mentioned in the Prophet's (PBUH) tradition

cited above. Parents have the first right to their child's earnings. It's important to note that parents

include grandparents, if they're still alive. This is why, according to Islamic law, when

grandparents and great-grandparents die, their grandchildren are entitled to a part of their

inheritance. According to the Prophet's (PBUH) traditions, anytime we want to contribute money

or something in kind, we should start with the person who is closest to us in blood relation. It does

not suggest that these teachings do not apply to children who do not earn money; rather, these

teachings apply to all children according to their financial position38.

Sayyida Ayesha (R.A) narrates that the Prophet of Allah said:

The most pure of earnings is what a man consumes from his own earnings, and his child is
from his earnings39

It is stated in Al-Fat┐wa Al-╓indiyya, A wealthy son will be obligated to spend on his destitute

parents, whether they are Muslims or non-Muslims, and whether or not they are able to work. It is

the children's obligation to help their parents financially. provided two conditions are met:

1: if one is in a financial position to do so. Im┐m Al-╓askafi elaborates on this by adding that

financial assistance is incumbent (w┐jib) on a wealthy kid, even if he is young, to the extent that

Sadaqah Al-Fitr becomes w┐jib on him.

2: One’s parents are poor even if they are capable of earning themselves. Im┐m Al-╓askafi

explains that Even if one's parents are capable of working, one will be responsible for financially

supporting them if they are destitute40. If a poor father has more than one kid, each of his children

37
Mrs. Samia, “Rights of Parents on earning Children and some tips for tacking depression”, available on
https://www.samia2010oct.worpress.com (lastly accessed on November, 19 2021)
38
ibid
39
Sunan Tirmidhi, 1382
40
https://islamqa.org>Darulifta.com (lastly accessed on November, 19 2021)
11

will be equally responsible for supporting him. It is stated in Fat┐wa Al-╓indiyya, if poor parents

have two children, one of whom is extremely wealthy and the other of whom owns a Nis┐b (which

requires one to pay sadaqah Al-Fitr), then the burden of supporting the father will be borne equally

by both of them. In terms of daughters, they share equal responsibility for supporting their parents,

but only when they earn, have their own money, and are able to do so. It is also claimed that if a

guy has a wife, children, and parents, he is required to include his father in his daily provisioning,

making the father one of his family members. Sometime they (parents) are rich and prosperous,

parents often want more and more from their kids41. In this case, the son will not be obligated to

support them financially. At the same time, one must respect them and accord them their rights to

courtesy, courteous treatment, and so on. It's also a good idea to offer them something every now

and then, even if child is not the one who has to support them42.

1.2.3. Right of Inheritance:-

Your parents, spouse, and children will be the principal beneficiaries of your Far┐┘d upon your

death. In most circumstances, these people will be the only ones who get your belongings. There

are around 35 verses in the Holy Qur’┐n that mention Mir┐th or its derivatives in some way.

Inheritance is described as when living people legally obtain the property of a deceased person.

Fr┐id separates inheritance into two categories: "fixed" and "variable." The fixed share is for your

parents and spouse.

41
ibid
42
ibid
12

One of the Good things in Isl┐m is that a dying person should, of his own free-will, think of his

parents and his next of kin, not in a spirit of injustice to other, but in a spirit of love and reverence

for those who have helped him.

Allah Almighty says in Qur’┐n:

Prescribed for you when death approaches anyone of you if he leaves wealth (is that he
should make) a bequest (inheritance) for the parents and near relatives according to what
is acceptable- a duty upon the righteous43

In another verse of Surah Al-Baqara Allah Almighty enjoin us:

They ask you what they should spend. Say: Whatever you spend that is good is for Parents
and kindred and orphans and those in want and for wayfarers. And whatever you do that is
good Allah knows it well44

In Surah Al-Nisa Allah Almighty says:


Allah instructs you concerning your Children (i.e. their portion of inheritance) for the male,
what is equal to the share off two females. But if there are only daughters, two or more, for
them is two thirds of one’s estate (what is left). And if there is only one, for her is half.
And for one’s parents, to each one of them is a sixth of hi estate if he left children. But if
he had no children and the parents alone inherit from him, then for his mother is on third.
And if he had brothers (and/or sisters), for his mother sixth after any bequest (inheritance)
he (may have) made or debt. Your parents or your children- you know not which of them
are nearest to you in benefit. These shares are in obligation (imposed) by Allah. Indeed,
Allah is ever knowing and wise45

According to Islamic law, parents have a specified share in their deceased child's inheritance. If

there are any issues from the dead, the father receives 1/6 of the shares. In addition, if there are

any issues from the deceased, the mother receives 1/6 of the shares. When there are immediate

daughters of the deceased, the grandmother takes on the role of her daughter, demanding her

daughter's share. When there is no father for the deceased, and the grandfather is claiming the

inherited shares of his own son, who is the deceased's father, he gets 1/6 of the shares. However,

43
Al-Qur’┐n, 2:180
44
Al-Qur’┐n, 2:215
45
Al-Qur’┐n, 4:11
13

there are certain exceptions to this rule; there are some impediments to succession Impediments

are situations that may prevent lawful successors from inheriting the property that the dead left

behind46. In Islamic law, if a person kills another person, no matter how close he was to the

deceased, he cannot inherit, regardless of how close he was to the deceased, e.g. kid, parents,

husband, wife, etc. Similarly, a Muslim cannot inherit a non-Muslim, but can benefit from his or

her bequest, which cannot be more than 1/3 of the total estate. Muslims cannot inherit non-

Muslims, according to the Holy Prophet (PBUH). Similarly, a slave cannot inherit from a free dead

relative and a Muslim residing in a country other than the deceased's cannot inherit from the

deceased's possessions47. This is because the laws of the two nations may differ, and some

international restrictions may prevent one from inheriting from the other. So according to Shar┘’ah

parents have fixed right of inheritance in their children’s property, nothing and nobody can

deprived them of their rights which are granted by Allah Almighty, except, if they are subject to

impediments enumerated above48.

1.2.4. Right to maintenance:-


In most instances, a prosperous son provides his needy and impoverished parents

maintenance. If the parents become destitute or too elderly to work, their subsistence and

46
Salako Taofiki Ajani, Bahash Ab┴ Bakar, Mikail Ibrah┘m, The value of Islamic Inheritence In
Consolidation of The Family Financial Stability”, available at https://www.Iosrjournals.Org (lastly accessed on
November, 27 2021)
47
Ibid
48
Ibid
14

care must be given by their offspring, for Allah Almighty has commanded that all parents,

whether Muslim or not, be treated with kindness.49 Allah Almighty stated in Qur’┐n:

And be kind to parents50

In Another verse Allah Almighty says:


If both or one of them attain old age in your presence, then do not say even “Uff” to them,
nor reproach them, and always speak submissively to both of them, observing polite
manners. And always lower your wings of submissiveness and humility out of soft
heartedness for both of them, and keep supplicating (Allah), “O my Lord, have mercy on
them as they brought me up in (my) childhood (with mercy and clemency)51

While interpreting this verse, “do not say even uff to them”, According to Sarakhsi, the word uff

is used to express anger. The definition of annoyance expands on the need of avoiding

nafaqa╒/maintenance when it is required frequently. However, even if they are able to earn,

maintenance is necessary.52 To avoid the harm caused by exhaustion and fatigue, a wealthy child

will be required to pay maintenance to his parents, even if they are healthy.53

Another verse of Holy Qur’┐n in which Allah the Exalted encourages Muslims to spend on their

parents and close relatives. Allah Almighty says:

Whatever wealth you spend (is right) but the deserving ones are your parents and close
relatives and orphans and the needy and the wayfarers54

While interpreting this verse Imam Ibn-e-Kath┘r mentioned that Maym┴n b. Mehran read this

verse and said, “These are the places of alimony”.55

49
Rabia Tus Saliha, “ Rights of Parents to maintenance under Shariah Law”, available at
https://www.iiu.edu.pk/?page_id=49331 (lastly accessed on November, 11 2021)
50
Al-Qur’┐n,, 2:83
51
Al-Qur’┐n, 17:23,24
52
Ab┴ Bakar Muhammad b. Ahmed b. Abi Sahl Al- Sarakhsi, Al Mabs┴t, (Beirut: Dar al-Marifah, 1993),
5:22.
53
Ibid.,5:228
54
Al-Qur’┐n,, 2:215
55
Imad al-Din Ibn-e-Kath┘r, Tafsir al-Quarn Al-Azam, (Dar Tayyiba li al-Nashr wa al-Tawzi, 1999), 1:572
15

The nafaqah of parents would be taken equally from rich sons and daughters, according to Imam

Sarakhsi. Im┐m Ab┴ ╓anifa's view in this regard is that nafaqah is split between sons and

daughters while posting analogies (Qiy┐s) on the different shares of male and female in the

inheritance. The other version goes on to explain that parents are entitled to nafaqa╒ since they

own the child's property.56

Hazrat Abdull┐h Bin Amar bin al-As narrated that:

A man came to the Prophet (PBUH) said : I have property and children, and my
father finishes my property. The Prophet (PBUH) said, “You and your property
belong to your father, your children come from the pleasantest of what you earn, so
enjoy from the earning of your children.”57
Interpreting, you and your property belong to your father, According to Imam Sarakhsi, both male

and female offspring are equal in this sense, and so this privilege is preserved and awarded to

parents even if they have different religions, despite the restriction of inheritance transfer owing

to the religious differences between them.58 It is the responsibility of the major children to look

after their parents' grandparents when they are in need; they may or may not be their co-religionists.

This provision is deduced from the Quranic verse.

Bear them Company in this life with justice (and consideration)59

The verse was revealed in reference to infidel parents. Living with them according to good

norms means that the children may not be able to benefit from Allah's bounty and may be forced

to starve their fathers and forebears. The foundation for grandfather and grandmother's support is

the same as that of their father and mother, since in the absence of their father and mother, the

56
Sarakhsi, al-Mabsut, 5:222.
57
Ab┴ Bakar Ahmed b. Husayn b. Ali al-Bayhaqi, al-Sunan al Kubra (Karachi: Jami’a Al-Dirasat al-Islamiyya,
1989), 3: 191, Hadith No. 2896.
58
Sarakhsi,al-Mabs┴t, 5:222
59
Al-Qur’┐n,, 21:15
16

grandparents step in. Grandparents, like their own parents, are the source of the children's existence

and have the same rights over them as their own parents60. On the condition that their forefathers

are in need, Islamic law places the obligation for their maintenance on their grandchildren, since

if they are rich; it is lawful for them to be maintained out of their own property. 61 In terms of

religion, there is no hindrance to the requirement of maintenance, as evidenced by the above-

mentioned Quranic verse, which sets the rule that the parents, whether Muslims or unbelievers,

must be treated according to good conduct norms. If they belong to a group of such infidels who

wage war against Muslims, however, their maintenance will not be demanded from their Muslim

offspring, because it is forbidden to show compassion to people who attack Muslims only because

of their faith, whoever they may be.62

No one may assist the son in giving maintenance to his parents. That instance, if the parents have

a son who is financially capable of supporting them, the Q┐di cannot compel other relatives to

maintain them alongside the son. The son will be the sole provider of maintenance.63 The Prophet

(PBUH) with respect to parents’ right in the property of his son has said, “You and your property

both are for your father.” Firstly, A father has no entitlement to other people's property. Second, a

son is the one who is closest to his parents. According to Zahir┘s, poor parents have an equal right

to maintenance from both sons and daughters because the relationship's root cause is shared by

both.64 Due to religious differences, the responsibility to maintain any relationship other than a

wife, parents, and children is discouraged. It should be noted, however, that in the case of religious

60
Dr. Tanz┘l ur Rahman, A code of Muslim Personal Law, Vol.1, Chapter XXV, 746-750.
61
ibid
62
ibid
63
ibid
64
ibid
17

differences, a man is under no responsibility to support anybody other than his wife, parents,

grandparents, children, and grandkids.65

When Allah Almighty declares in the Qur’┐n that non-Muslim parents have rights, he means that

they should work with them in worldly things in a reasonable manner. It indicates that they should

be looked for, and children are responsible for providing for them. They should not be allowed to

starve to death, even if they are non-Muslims, because maintenance is included in the category of

worldly matters. As a result, even if one's parents are polytheists, one's parents are treated with

extreme care. Islam forbids us from treating someone unjustly or harshly because of their beliefs,

and instead urges us to treat them with kindness, fairness, and compassion.

1.2.5. Rights After Death:

Parents' rights in Isl┐m are not restricted to their lives only. Some of their rights, in fact, do not

take effect until they pass away. For example, if they were Muslims, their funeral prayer should

have been performed according to Shar┘’ah. Seek Allah's pardon for them, pay their obligations,

and keep their promises. Paying due deference to their relatives and doing hajj on behalf of one's

mother if she pledged to do so during her lifetime. It is the right of one's parents to have a Shar┘’ah-

compliant funeral prayer and burial following their death. Offering funeral prayer of dead is right

of every deceased Muslim woman, man, old, young, and child without any discrimination, but not

for non-believer even if he/she is one of your parents because Allah Almighty says in Qur’┐n:

Nor do you pray for any of them that die, nor stand at his grave, for they rejected Allah and
his Messenger66

65
Ibid
66
Al-Qur’┐n, 9:84
18

Secondly, seeking salvation from Allah for their sins is one of the primary duties of children

when their parents die.

Our Lord, forgive me and my parents and the believers the day the account is
established67

Allah Almighty says in Surah Al-Isra:


My Lord! Bestow on them your mercy even as they cherished me (treated lovingly) in
childhood68

In Surah N┴h this prayer is mentioned:

My Lord forgive me and my parents and whoever enters my house a believer and the
believing men and believing women and do not increase the wrongdoers except in
destruction69

In Surah An-Namal this du┐ is enunciated:

My Lord, enable me to be grateful for your favor which you have bestowed upon me and
upon my parents and to do righteousness of which you approve. And admit me by your
mercy into (the ranks of) your righteous servants70

When the Prophet's mother (PBUH) died, our Prophet was just six years old. When the Prophet

(PBUH), his mother, and Umm-e-Aiman were on their way to Mad┘na, his mother died in ABWA.

When the Prophet's mother (PBUH) was dying, it is stated in the book of Seerah that our Prophet

(PBUH) was wailing and saying, "I have no other except you." For me, you're the only one. Then

his mother mustered all of her courage and told him, "My Son, the time has come for me to die,"

but "I think a day will come when you will illuminate the whole globe, and the entire world will

receive light from you." ╓azrat Amna passed away. When our Prophet was about to conduct his

final Hajj after 57 years, the entire caravan travelled through Abwa. 71 The Holy Prophet (PBUH)

╖ahih Al- Qur’┐n, 14:41


67

╖ahih Al- Qur’┐n, 17:24


68
69
╖ahih Al-Qur’┐n, 71:28
70
╖ahih Al-Qur’┐n, 27:19
71
Umer Farooq, “The Rights of Parents in Islam”, available on https://www.msit.no (lastly accessed on
November,20 2021)
19

told the people to put their tents near where his mother died, and he came to her grave personally.

When ╗hah┐ba saw the Prophet (PBUH), he sobbed a lot and then prayed for his mother. That

was the Prophet of Allah Almighty's attitude; he used to pray for her mother and seek salvation

from Allah for her after she died. The Prophet (PBUH) told ╓azrat Ab┴ ╓urairah (R.A) that Allah

will elevate the devout person's rank in Jannah. "O my Lord!" he will say. "Can you tell me why

you did this?" Allah will respond by telling him that it is due to Istaghf┐r that your kids have done

for you.72.

Likewise, the children are under obligation to pay the debt of their deceased parents if they had

taken debt during their lifetime and to fulfill their promises thy made during their life.

Narrated by Jabir (R.A):


My father had died in debt. So I came to the Prophet (PBUH) and said, “My father
(died) leaving unpaid debts, and I have nothing except the yield of his date palms;
and their yield for many years will not cover his debts. So please come with me, So
that the creditors may not misbehave with me.” The Prophet PBUH) went round
one of the heaps of the dated and invoked Allah, and then did the same with another
heap and sat on it and said, “Measure (for them).” He paid them their rights and
what remained was as much as had been paid to them73
Another tradition of Holy Prophet (PBUH) reported on authority of ╓azrat Amr Bin Al-As, it is

narrated that:

The Messenger of Allah said: All the sins of a Shaheed (martyr) are forgiven except
debt74

Besides, child s obliged to perform Hajj on behalf of mother if she vowed for ╒ajj. ╓azrat Ibn e

Abbas Reported:

A woman came to the Prophet (PBUH) and said, “My Mother vowed to perform the Hajj
but she died before performing ╓ajj. Should I perform the ╓ajj on her behalf?” He (PBUH)

72
ibid
73
╖ahih Al-Bukhari 4/780
74
╗ahih Al- Muslim 17/1085
20

said, “Yes! Perform the Hajj on her behalf. See, if your mother had been in debt, would
you have paid her debt?” She said, “Yes.” He (PBUH) said, “So you should pay what is
for Him as Allah has more right that one should fulfill one’s obligations to Him75

Likewise, children are duty bound to be respectful to deceased parents’ friends and relatives.

Narrated Jubair bin Mut’im (R.A):

That he heard the Prophet (PBUH) saying, “The person who severs the bond of kinship will not enter

Paradise”76

Narrated Ab┴ ╓urairah (R.A):


I heard Allah’s Apostle (PBUH) saying, “Whoever is pleased that he be granted more
wealth and that his lease of life be prolonged, then he should keep good relations with his
kith and kin”77

After their parents' deaths, the children can provide charity on their parents' behalf, meet their

friends in a humble manner, and financially assist them. It is a suggested but not necessary deed,

and if the children do it for their parents' salvation and forgiveness, it is regarded the best of their

acts. ╓azrat Ayesha reported that:

A man said to Allah’s Apostle (PBUH): My mother died all of a sudden, and I think if she
(could have the opportunity) to speak, she would have (made a will) regarding ╖adaqah.
Will I be entitled to reward if I give charity on her behalf? He (PBUH) said, yes 78

All the verses of Holy Qur’┐n enumerated above avowedly show that parents are not only subject

to love, care, compassion and respect during their lifetime but also have rights even after their

death. Parent are the most significant and unrivalled creation of Allah Almighty so their rights

never end with the end of their life rather they continue even after their death and till the death of

their son/daughter.

75
╗ahih Al-Bukh┐ri 3/77
76
╗ahih Al-Bukh┐ri 8/13
77
Sahih Al-Bukh┐ri 8/14
78
╗ahih Al-Bukh┐ri 13/4002
21

1.3.DUTIES OF CHILDREN TOWARDS THEIR PARENTS IN ISL└M:-

Children's duties are derived from their parents' rights. All of a parent's rights may only be awarded

when their children are ready to take on their duties. In Isl┐m, the rights of parents have been

extensively discussed. They can only enjoy their rights if their children are dutiful to them, and

they are surely obligated to carry out their responsibilities without hesitation, and it is incumbent

upon children to leave no stone unturned in order to make their parents happy and pleased. As

Allah Almighty says in Holy Qur’┐n:

Worship God and join non with him and do good to parents79

In another place Allah Almighty says:-

And we have enjoined on men doing of good to his parents, with trouble did his mother
bear him and with trouble she bring him forth, and the bearing of him and weaning of him
was thirty months, until when he attains his maturity and reaches forty years, he says: ‘My
Lord! Grant me that I may give thanks for your favor which you have bestowed on me and
on my parents, and that I may do good which pleases you and do good to me in respect of
my offspring; surely I turn to You, and surely I am of those who submit80

The Holy Prophet (PBUH) said:-

Among the rights of the father upon his child is that child should be submissive to him at
the time of anger and exhaustion81

It is the duty of children to be dutiful to their parents and to obey them in the manner in which they

should be obeyed. Making them miserable is also deemed disobedience, as The Prophet (PBUH)

79
Al-Qur’┐n, 4:36
80
Al-Qur’┐n, 4:15
81
Tarikh e Madna Al-munawra, vol.2, o.568, narrating from Ibn e Abbas. Kanz alUmmal, vol. 16, p.473,
h.45512, narrating from Tarikh Dimashq.
22

clarified when he said, "Whoever makes his parents sad has undoubtedly disobeyed them" In

another place while explaining the duties of the children the Prophet (PBUH) said:

When The Holy Prophet (PBUH) was asked about the rights of parents on their child: “He
should not call him by his name, he should not walk in from of him, he should not sit before
him, and he should not be the cause of his father getting sworn at”82

Being dutiful to parents’ demands treating them with respect. It does not imply rejecting them or

expressing scorn for them using a term such as "uff" to convey displeasure or impatience. In things

that do not include disobedience to Allah Almighty, children are obligated to obey their parents.

Even if the parents are non-believers, it is an Islamic responsibility to be polite, respectful, and

courteous to them. In Isl┐m, disobedience to parents is referred to as ingratitude, and it is

considered one of the grave sins. "The primary sins are equating partners with God and ingratitude

to parents," the Prophet (PBUH) declared to emphasize the importance of disobedience to parents.

They owe it to their parents to treat them with dignity, respect, and care.83 They must neither be

condescending nor patronizing to them, God Almighty says:

And treat them with humility and tenderness and say, Lord! Be merciful to them both, as
they raised me up when I was little84

They must be grateful to them and recognize their favors. The fact that serving one's parents is

preferable to jih┐d for the sake of God Almighty; this demonstrates the importance of obedience.

This is supported by various had┘ths, which show that this responsibility takes precedence above

all other concerns.85

82
Al-K┐fi, vol.2, p. 158, h.5, narrating from Durust ibn Ab┴ Mans┴r. Mishkat al-Anwar, p.277, h. 833,
both narrating from Imam Kazim.
83
https://www.dar-alifta.orrg/Foreign/ViewFatwa.asp?ID=8340
84
Al-Quran, 17:24
85
https://www.dar-alifta.orrg/Foreign/ViewFatwa.asp?ID=8340
23

1.4.PUNISHMENT OF INFRINGING THE RIGHTS OF PARENTS, IN ISL└M:-

Being undutiful and disobedient to parents is one of the greatest major sins. The person who is

undutiful to his parents will not enter Paradise as the Prophet (PBUH) declared that the person

who reminds others of his favors upon them, the one who is undutiful to one’s parents and the

alcoholic will not enter paradise. Children are not even allowed to say word “uff to them. Being

undutiful to the parents is one of the major sins which come alongside shirk in Qur’┐n. So, if a

son is undutiful to his parents he deserves a severe punishment in the Hellfire.

The Prophet (PBUH) has said:

The punishment for the sin amongst all sins Allah Almighty wills to delay; Allah Almighty
delays it until thy judgment day except the disobedience to parents, as Allah Almighty
inflicts the punishment for it in the life before death86

Once the Holy Prophet (PBUH) was asked about Kabair (the absolute gravest sins in the sight of

Allah) He (PBUH) replied they are:

To join others in worship wit Allah, to be dutiful to one’s parents, to kill a person (which
Allah has forbidden to kill) and to give a false witness87

Narrated ╓azrat Abdull┐h Bin Amr (RA) The Holy Prophet (PBUH) said:

An undutiful son, a gambler, one ho cats up what he has given and the one who is addicted
to wine will not enter paradise88

After Allah and his Messenger (PBUH), one's parents have the greatest rights in Isl┐m. The

enormity of cutting relations with one's parents can be demonstrated by the fact that the Messenger

of Allah (PBUH) categorized being undutiful to one's parents as the second gravest of all the

gravest sins in Isl┐m.

86
Shu’ab-ul-Iman, vol. 6, pp. 197, Hadith 7889
87
╗ahih Al-Bukhari, 3821
88
╗ahih Al-Tirmidhi, 3653
24

Although there is no specific punishment for breaking ties or refusing to speak with one's parents

in Shar┘’ah, if one dies in that state without seeking forgiveness from his Lord and his parents, it

is expected that such a Peron's accounting in the presence of the Majestic Lord on that inevitable

Day of Judgment will be extremely severe.89

It is discussed elsewhere that Holy Prophet (PBUH) said, whoever hurts his parents hurts me, and

whoever hurts me hurts Allah. And whoever hurts Allah is condemned and cursed. Allah will not

talk to three types of individuals on the Day of Qay┐mah, according to our beloved Prophet

(PBUH). He will not have pity on them, nor will He cleanse them of their transgressions. A terrible

retribution awaits them. The three categories of individuals are destiny believers, drunkards, and

children who have defied their parents.90

Divine pardon is not available to the Aq al W┐lidayn. The wretchedness of the Aq al W┐lidayn

is demonstrated by the fact that the trustworthy Jibr┘l (A.S) cursed him, saying, "Whoever is

bestowed with parents but does not perform their rights will not be forgiven by Allah." The Prophet

(PBUH) exclaimed, "Ameen!" when Jibr┘l (A.S) stated this. Accursed, Accursed is the one who

beats his parents, declared ╓azart Im┐m Jafar ╗adiq. The one who caused his parents pain is

cursed.91.

Once a young man was on his deathbed when the Holy Prophet (PBUH) came sat near him and

told him to recite kalima. But he could not speak. The Holy Prophet (PBUH) enquired if his mother

was present? A woman sitting near his head said, “Yes, I am his mother.” The Prophet (PBUH)

asked, “Are you displeased with him?” ‘Yes, O Prophet (PBUH), we have not spoken to each other

89
https://www.islamhelpline.net/answer/344/ (lastly accessed on November, 27 2021)
90
Sayyid Abdul Husayn Dastghaib Shirazi, “Sixth Greater Sin: Aq al-Walidayn (Disobedience to
Parents)”,available on https://www.al-islam.org (lastly accessed on November, 27 2021)
91
ibid
25

since last six years.’ The Prophet (PBUH) asked this woman to forgive her son. Thus, at the

Prophet (PBUH) instance she forgave his mistakes and was reconciled. At once young man was

able to recite the Kalima. The Holy Prophet (PBUH) asked him, “What do you see, at this

moment.” “A black and dirty guy has taken hold of me, O Prophet of Allah, and will not let go."

He was instructed by the Prophet (PBUH) to utter the following dua. “Ya man Yaqbalul Yaseera

wa Ya’afo ‘Anil Katheera Iqbal minnil Yaeera Wa ‘Afo ‘Annil Kathira.” "Now tell me what you

see," Prophet (PBUH) said. "A fair-skinned man, attractive and perfumed, is approaching me," he

said.”

"Keep reciting this du┐," the Holy Prophet (PBUH) said. "O Prophet (PBUH), both of them have

gone from my sight," the young man remarked after repeating the du┐. After then, the Holy

Prophet's (PBUH) face lit up with delight. "O Allah, pardon this young man's misdeeds," he

pleaded. After that, the young man died.92.

This tradition demonstrates how painful the final moments are for the Aq-al- W┐lidayn. He

quits this world in a state of unbelief and is eternally punished by God. The Holy Prophet

(PBUH) was Kalima's instructor for this young man. Despite this, he could not say kalima until

his mother forgave him. What called forth his salvation was blessing of the Prophet (PBUH) and

his mother's forgiveness.

Aq-al-w┐lidayn refers to when a son or daughter speaks or acts in a way that is disrespectful to

their parents. Or they refuse to obey them in things that are not against the religion. Aq-al-

W┐lidayn is completely prohibited. Both Sunnis and Shias have books of traditions that back up

this stance. Aq is to look at parents with rage, and Aq is to make parents unhappy. Islam forbids

92
Sayyid Abdul Husayn Dastghaib Shirazi, “Sixth Greater Sin: Aq al-Walidayn (Disobedience to
Parents)”,available on https://www.al-islam.org (lastly accessed on November, 27 2021
26

displeasing one's parents and stresses the need of compassion toward them. Allah has two Angels,

according to the holy Prophet (PBUH), one of them says, "O Allah, protect those who do good to

their parents." "O Allah, punish those individuals by vengeance with whom their parents are

angry," the second angel prays. And Allah always accepts the angels' pleas.93

Narrated Abdullah Bin Umer (RA) that Allah’s Messenger (PBUH) said:

There are three people to whom Allah has forbidden paradise: one who is addicted to wine,
an undutiful son and cuckold who agrees to his womenfolk’s adultery94

In another place Hazrat Abdullah Bin Umer (RA) narrated that The Holy Prophet 9PBUH) said:

The pleasure of Allah is in pleasing one’s father and the anger of Allah is in angering one’s
father95

All verses of the Holy Quran and All sayings of the Prophet (PBUH) avowedly demonstrate being

undutiful to parents is one of the gravest sins. Every Muslim man and woman should pay heed to

honoring his or her parents and treating them compassionately, particularly when they grow old or

are in need of kindness, honor and service; and They should avoid defying them or behaving rudely

towards them in speech or behavior. The term of torment is justified against offspring who are

undutiful and cruel to their parents; they are the perpetual losers because they commit grave sin for

which the penalty is unbearable burning of the entire body by everlasting fire. The penalty for

many major sins begins in this life and continues in the next.96

CONLUSION:-

93
ibid
94
Sahih Al-Tirmidhi, 3655
95
Sahih Al-Tirmidhi, 1821
96
https://www.islamhelpline.net/answer/3434/ (lastly accessed on November, 27 2021)
27

Children must adhere to Islamic beliefs and show respect, obedience, compassion, clemency, and

care for their parents, especially when they are elderly. Children must remember their parents'

favours and sacrifices. Never think of them as a burden, and never talk angrily to them, for

disobedience to parents is a big sin. Children who disobey their parents are not allowed to join

heaven, and Allah has chosen to revere and obey their parents above jih┐d. These rights and duties

are established not just in Isl┐m but also in all real faiths, as evidenced by the Prophet Isa's (A.S)

words in Surah Al Maryam, "And (made me) obedient to my mother." As a royal minister in Egypt,

Prophet Yusuf (A.S) summoned his elderly destitute parents from afar and provided them seats on

a high stage, and he did not hesitate to treat them with kindness in front of his officials.

Allah Almighty states about Prophet Ya╒ya (A.S) in Surah Maryam that he was loyal to his parents

and not a tyrant. Hence, it is evident from the Qur’┐n, Sunnah of Holy Prophet (PBUH) and from

Sunnah of other Prophets that being dutiful to the parents is one of the primary duties of every

Muslim man and woman and no one is dispensed with this duty97.

97
Mirza Ehtishamuddin, The Rights of Children, (Hyderabad: Al-Ather Islamic Centre, 2011), Chapter II, 12-
31.
28

CHAPTER # 2:- RIGHTS OF OFFSPRING IN ISL└M:-

INTRODUCTION:-

Children are the fruit of a marriage and a source of joy in life. In fact, parents must educate their

students to be solace to their eyes both in this world and in the hereafter. Parents are responsible

for their children's upbringing, and they will be questioned about it on the Day of Judgment.

Shar┘’ah provides vast information on all element of life. Islam is a way of life that encompasses

all aspects of life.98. Allah says in Qur’┐n:

98
Mirza Ehtishamuddin, The Rights of Children, (Hyderabad: Al-Ather Islamic Centre, 2011), Chapter II, 12-
31.
29

O ye who believe! Save yourselves and your families from a fire whose fuel is Men and
stones99

In another verse Allah Almighty says:

Do not kill your children for fear of poverty. We provide for them and for you. Indeed
their killing is ever a great sin100.

Moreover, Allah’s Apostle, (PBUH) said

Upon death man’s deeds will (definitely) stop except for three deeds, namely: a continuous
charitable fund, endowment or goodwill, knowledge left for people to benefit from, and
pious righteous and God-fearing child who continuously prays Allah Almighty, for the soul
of his parents101.

Such words, in reality, demonstrate the importance of appropriate child rearing. Even after death,

it has a lasting effect. Children are neither possessions nor toys; they come with a tremendous deal

of responsibility. Believers have a responsibility to nurture and care for their children by raising

them to be moral, virtuous human beings. Neglecting this obligation may cause a person to stray

from the path of righteousness and away from Allah. It is critical to pay close attention to the

children's best interests. All these principles are mentioned in Noble Qur’┐n and traditions of the

Holy Prophet (PBUH)102. All the guardians are responsible for their wards. The Prophets (PBUH)

said:

All of you are guardians and are responsible for your wards. The ruler is guardian and the
man is guardian of his family, the lady is a guardian and is responsible for her husband’s
house and his offspring, and so all of you are guardians and are responsible for your
wards103.

99
Al- Qur’┐n,, 66:6 Translation by Muhammad Taqi-ud-D┘n al-Hilali, Muhammad Muhsin Khan (Madina
Munawwra: King Fahad Gloriou Quran Printing Complex)
100
Al-Qur’┐n, 17:31
101
╗ahih Al-Muslim,Ab┴ al Husayn Asakir ad-Din Muslim ibn al-Hajjaj ibn Muslim ibn Ward ibn
Kawashadh al- Qushayri, translated by Abu Khaliyl (Riyadh: Dar us Salam Publications), 1631
102
Mirza Ehtishamuddin, The Rights of Children, (Hyderabad: Al-Ather Islamic Centre, 2011), Chapter II,
12-31.
103
╗ahih Al-Bukh┐ri, 7/128
30

Through the Qur’┐n and the teachings of the Prophet (PBUH), Isl┐m has established clear

instructions for parents, children, and all other human beings. Parents' rights are protected in

Isl┐m, but they also have responsibilities. It's worth noting and exploring the fact that the

foundations of a young person's ideal and compassionate behavior are strongly rooted in the quality

of care he received as a neonate, baby, and kid. We cannot and should not expect more from them,

and then we have provided them while young104.

As a result, persons who become parents have a significant deal of responsibility. This obligation

extends not just to Allah Almighty, but also to their fellow man and their own offspring. They will

be rewarded in this world and in the afterlife if they carry out their responsibilities appropriately.

But if they fail to fulfill this commitment, they will be the losers, and they will be guilty of cheating

their children and society as a whole, and they will be committing an unforgivable sin.105.

2.2. RIGHTS OF OFFSPRING IN LIGHT OF QUR’└N AND SUNNAH:

The relationship between parents and children is reciprocal. In Isl┐m, parents' obligations and

responsibilities include children's rights. The scholars divided basic rights into the following

categories. Until they reach maturity, children have the right to be fed, clothed, and protected. To

get love and devotion from their parents, children must be respected. In terms of financial gifts,

children have the right to be treated equal to their siblings, right to life, right to education, right to

provided materially/provision and shelter and right to inheritance. It is pertinent to mention here

that there rights do not end there when they hit puberty. Their rights are not limited to their

childhood rather they enjoy certain rights even when they attain puberty and get independent. So

104
Rafique Anjum, Bilal Ahmed Wani “Rights of Children in Islam and Contemporary Scenario”, available
on https://ssrn.com/abstarct=3870757 (lastly accessed on June, 25 2021)
105
Ibrah┘m Amini, “Principles of Upbringing Children”, available on https://www.al-ilam.org/principles-
upbringing-children (lastly accessed on December, 1 2021)
31

here we will discuss the rights of children which they have in their childhood as well as after

attaining the age of puberty. Firstly we will discuss the rights of children in their early age.

2.2.1. The child has right to life or negation of infanticide:-

The intentional killing of newborns is known as infanticide. The intentional death of a young girl

is known as female infanticide. The child has the right to life, according to Islamic traditions.

Neither father nor mother has the authority to take a child's life, whether a male or a girl, by

murdering or burning them alive.106. There is a clear Quranic injunction, Allah says:

And do not kill your children out of fear of poverty, we shall provide for them and for you.
Truly, the killing of them is a great sin107

Narrated ╓azrat Abdull┐h that:

I asked the Prophet (PBUH), “What is the greatest sin the sight of Allah Almighty?” He
said, “That you set up a rival unto Allah though he alone created you.” I said, “That is
indeed a great sin.” Then asked, “What is the next?” He said, “To kill your son least he
should share your food with you.” I asked, “What is next?” He said, “To commit illegal
sexual intercourse with the wife of your neighbor.”108

Narrated by Al-Mugh┘ra (RA) the Prophet (PBUH) said:

Allah has forbidden you

1) To be undutiful to your mother


2) To withhold what you should give
3) Demand what you do not deserve
4) To bury your daughters alive
According to verse of Qur’┐n and traditions of the Prophet (PBUH) mentioned above, children

have right to life and not even their own parents are allowed to kill them or let them die due to any

106
Rafique Anjum, Bilal Ahmed Wani, “Rights of Children in Islam and Contemorary Scenario”, available at
https://ssrn.com/abstarct=3870757 (lastly accessed on December, 5 2021)
107
Al-Qur’┐n,, 17:21
108
╗ahih Al-Bukh┐ri, 6/4
32

cause. Allah is the one who grants life to everyone and he alone has right to take it away. Even

man himself is not allowed to kill himself or commit suicide.

2.2.2. Right to lineage Dignity and honor:-

The child is an extend of his father and the bear of his characteristics. Allah Almighty has ordained

marriage and has forbidden adultery so that paternity may be established without doubt or

ambiguity and that the child may be referred to his father and the father to his sons and his

daughter109. Allah says in Holy Qur’┐n:

Nor has he made your adopted sons your 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
(by the names of) their fathers: that is just in the sight of Allah. But there is no blame on
you if ye make a mistake therein: (what counts are) the intention of your hearts: and Allah
is oft-Retuning, Most Merciful110

According to the verse of Holy Qur’┐n children have right to be known and recognized by the

names of their biological parents if known. Isl┐m prohibits calling them by the name of their

adoptive parents.

2.2.3. Right to Breast-Feeding:

The Qur’┐n ensures children's right to breastfeed and intends to "protect repudiated but still

breastfeeding mothers and their nurslings by ensuring them financial assistance from the father for

at least two years and authorizing non-maternal nursing when necessary." Another distinguishing

aspect of Isl┐m is that it permits pregnant women and breastfeeding mothers to make specific

exceptions to their religious and social commitments because of their upcoming or freshly born

109
Rafique Anjum, Bilal Ahmed Wani, “Rights of Children in Islam and Contemorary Scenario”, available at
https://ssrn.com/abstarct=3870757 (lastly accessed on December, 5 2021)
110
Al-Quran, 33:4/5
33

children.111 Suckling is an important part of a child's development after birth. Breastfeeding has a

long-term impact on a person's physical, mental, and social structure. Shar┘’ah is aware of this.
112
. This is classified as one of the essential basic rights of newborn child as Allah says in the

Quran:

The mother shall give such to their offspring for two whole years, if the father desire to
complete the term. But he shall bear the cost of their food and clothing on equitable terms 113

2.2.4. Right to love and affection:

Children have a variety of psychological requirements. The Prophet Muhammad (PBUH)

cherished children. Even during prayer, he would let his grandchildren Hazrat ╓assan and Hussain

(May Allah be pleased with them) ride on his shoulders. He (PBUH) extended sal┐m to youngsters

on the street. The kid should grow up in a family setting, in an atmosphere of happiness, love, and

understanding, for the full and harmonious development of his or her personality114.

A Bedouin came to the Prophet (PBUH) and said:, “you kiss the boys! We do not kiss
them. The Prophet 9BUH) said, “I cannot put mercy in your heart after Allah has taken it
away from it.”115

Narrated Hzarat Ab┴ ╓urairah (RA) the Prophet (PBUGH) said:

The best women are the riders of the camels and the righteous among the women of
Quraish. They are the kindest women to their children in their childhood and the most
careful women of the property of the husbands116

111
Rafique Anjum, Bilal Ahmed Wani, “Rights of Children in Isl┐m and Contemorary Scenario”, available at
https://ssrn.com/abstarct=3870757 (lastly accessed on December, 5 2021)
112
Doctor Raghib Sirjani, “Children in Isl┐m….Rights and duties”, available at
https://www.islamstory.com/en/article/3408703 (lastly accessed on December, 5 2021)
113
Al-Qur’┐n,, 2:233
114
Mirza Ehtishamuddin, The Rights of Children, (Hyderabad: Al-Ather Islamic Centre, 2011), Chapter II,
12-31.
115
╗ahih Al-Bukh┐ri, 8/27
116
╗ahih Al-Bukhari, 7/19
34

According to the Prophet's (PBUH) teachings, one should be friendly with small children,

providing them with anything they require or amusing them.

2.2.5. Right to maintenance:-

Every human being has a fundamental right to life protection. A child's right to life protection in

terms of food, clothing, and shelter is fulfilled by his father, and no one else will share this

obligation with him. As a result, Nafaqa╒ is the realization and preservation of the right to life.

Because nafaqa╒ is a responsibility, a parent who does not spend on his kid is a sinner. A father

is required by Shar┘’ah to maintain his child. As it is regarded a way of seeking Allah's pleasure,

such activity is also greatly rewarded by Allah Almighty. Spending money on children is more

noble than spending in Allah's cause (jih┐d).Holy Prophet (PBUH) said:

They best money spend by a man is the money he spends on his children117

A boy is eligible for nafaqa╒ until puberty, while a female is eligible until her Nik┐h. If a kid is

prosperous and earns money, the father has the option of spending that child's earnings on him. If

a girl becomes rich after puberty but before her nik┐h, she will not be eligible for nafaqa╒ from

his father.118. The quantity of a child's nafaqa╒ might be the very minimum necessary to meet

basic needs including food, clothing, and shelter. Because this obligation is tied to the basic idea

of parenthood, a non-Muslim kid is equally entitled to nafaqa╒. Scholars from the Maliki, Hanafi,

and Sh┐fi’┘ schools concur with this viewpoint, whereas ╓anbali scholars disagree. Even if he is

not affluent or earning money, the father of a kid bears this obligation. Because the responsibility

is owed to a father, he has the right to earn money in order to spend it on his children. Father, on

╗ahih Al-Muslim, 994


117
118
Mohsin Mun┘r, Tahira Abdul Qudd┴s, “Provision of Nafaqah Right to Child: The Islamic Wisdom and
Implementation in Pakistan”, available on https://doi.org/10.3250/jitc.81.11 (lastly accessed on Decemebr, 5 2021)
35

the other hand, will be expected to spend money on his family in accordance with his financial

situation. An affluent child does not have the right to get nafaqa╒ from his father. His father will

spend money from his child's wealth on him.119

2.2.6. Right to proper education:

The prophetic tradition provides enough evidence that pursuing knowledge is a must. It is saying

of the Prophet (PBUH) that

He who departs in pursuit of knowledge is in the cause of Allah until he returns120

Another source of proof for the value of knowledge and scholars is the Prophetic tradition, which

states:

The virtue of the scholars above the worshipper is like my virtue over the lowest of you
whoever takes a way in pursuit of knowledge, Allah will ease with it his way to heaven121.

When it comes to the virtue of seeking knowledge, the Prophet's (PBUH) traditions are all-

encompassing. Early development of a child's psychological and social talents is seen as crucial;

these abilities serve as the foundation for the child's subsequent development of other abilities.

Preparing children to receive information is both a right of children and a responsibility for parents.

Under no circumstances should this fundamental right be overlooked.122

Education is not restricted in Isl┐m. It also involves moral and religious teachings. Education is a

fundamental right of children. Parents' personal examples of good behaviour, not lectures, counsel,

or prohibitions, provide the most effective moral upbringing. It is a well-known tradition of the

119
ibid
120
Sunan Al-Tirmidhi, 2647
121
Sunan Al-Tirmidhi, 3641
122
Mirza Ehtishamuddin, The Rights of Children, (Hyderabad: Al-Ather Islamic Centre, 2011), Chapter II,
12-31.
36

Holy Prophet (PBUH) that knowledge must be acquired by every Muslim man and woman. He

(SAW) also declared in another had┘th that the finest among you is the one who educates his

children well. The Prophet (PBUH) stated in another had┘th, "A parent offers his kid nothing

greater than a good education."123

According to Isl┐m, one of the most essential parental responsibilities is to properly nurture and

educate their children; children, therefore, are a trust on the Day of Judgment. Parents are primarily

accountable for their children's moral, ethical, and fundamental religious teachings. On the Day of

Judgment, if parents perform their responsibilities, they will be spared the punishments. Children

will remember the sound religious lessons for the rest of their lives. They should be instilled with

authentic values, the meaning of good and evil, and sufficient knowledge of Isl┐m to enable the

kid to distinguish between what is haram and what is ╒al┐l in terms of food, appearance, and so

on.124 Parents who do not pay attention to their children's education and training are guilty of gross

negligence.125

2.2.7. Child labor and teachings of Isl┐m:

The employment of minors under the age of a certain legal age is known as child labour. Isl┐m

provides us with rules for living a life of balance in this world. Everyone, whether a kid, a man, a

woman, or an elderly person, has fundamental rights under Isl┐m. There are two essential human

needs in our world. On the one hand, he requires materialistic and physical resources for the

creation of the body-soul relationship, and on the other hand, ethical norms are necessary for man

123
Rafique Anjum, Bilal Ahmed Wani, “Rights of Children in Isl┐m and Contemorary Scenario”, available at
https://ssrn.com/abstarct=3870757 (lastly accessed on December, 5 2021)
124
Mirza Ehtishamuddin, The Rights of Children, (Hyderabad: Al-Ather Islamic Centre, 2011), Chapter II,
12-31.
125
Ibrah┘m Amini, “Principles of Upbringing Children”, available at https://www.alislam.org/principles-
upbringing-children-ibrahim-amini/chapter-1-parents-responsibility (latly accessed on December, 6 2021)
37

to live a strong individual and social life. Allah has sent Prophets to the world in order to meet

man's needs. The 'Golden rule' in this respect is described in the Quran not just for children, but

for everyone who is burdened beyond their capacity. 126 Allah says in Qur’┐n.

Allah does not give human beings too much pain which is more than their capacity127

Employing children in hard and risky labour would be considered putting hardship and suffering

on them, even if it was done without intention or in ignorance of the potential consequences. If we

argue that causing injury is forbidden, as defined by Shar┘’ah, it would follow that children should

participate in hard labour.128 Indeed, we discover that Shar┘’ah does not anticipate people to

perform hard tasks. as is clearly manifest in the Quranic verse:

And has not laid upon you in Religion any hardship129

Allah Almighty also says:

Allah intents for you ease, and he does not want to make things difficult for you130

If Allah desires that no pain befalls anybody because of his orders, mankind is banned from

inflicting difficulty on one another. If imposing difficulty on adults is prohibited, it follows that

putting hardship on children is likewise prohibited. In Shar┘’ah The father is charged with the

obligation of providing for the children's needs. Working to care for children's needs has even been

declared a means of atonement for sins.131.

126
Rafique Anjum, Bilal Ahmed Wani, “Rights of Children in Isl┐m and Contemorary Scenario”, available at
https://ssrn.com/abstarct=3870757 (lastly accessed on December, 5 2021)
127
Al-Qur’┐n,, 2:286
128
Farida Ali, Akila Belembaogo, Sehar Hegazi, Nesrine Khaled. (NEWYORK: PIXELTONE) Edition I, 116.
129
Al-Qur’┐n,, 22:78
130
Al-Qur’┐n,, 2:185
131
Farida Ali, Akila Belembaogo, Sehar Hegazi, Nesrine Khaled. (NEWYORK: PIXELTONE) Edition I, 116.
38

So, it is not the obligation of children to earn money; rather, they have the right to enjoy their

childhood while still getting an education. Even in prayers and other areas, Isl┐m has

provided them with relaxation. As a result, parents are not permitted to infringe the rights of

children given by Allah the Exalted.

2.3. RIGHTS OF OFFSPRING AFTER ADULTHOOD, IN SHAR├’AH:

Rights of offspring are not limited to their childhood. There are some rights which they are entitled

to enjoy even after adulthood or after attaining the age of majority. These rights are inalienable

rights of offspring and even parents are not allowed to infringe their rights. Isl┐m does not allow

parents to use their authority and power arbitrarily. Although, parents are the most beautiful

creation of Allah Almighty they are entitled to utmost care, obedience and compassion yet they

are also under certain obligations and it is incumbent upon them to fulfill their obligations even

when their children have attain the age of majority. These are some rights enumerated below:

2.3.1. Right to maintenance:

Nafaqa╒ is an Arabic term that literally means "expenditure." From an Islamic legal perspective,

nafaqa╒ means "maintenance," which indicates that a husband is responsible for his wife and

children's costs. This obligation is placed on the husband as a result of the nik┐h contract, on the

father as a result of blood link, and on the master as a result of his ownership.132 Maintenance is a

responsibility that derives from guardianship. The father is responsible for maintenance, which

varies depending on his financial situation. Nafaqa╒ literally translates to "what a person spends

on his family." It covers food, clothes, shelter, and other essential expenses. Jurists agree that the

132
Mohsin Mun┘r, Tahira Abdul Qudd┴s, “Provision of Nafaqah Right to Child: The Islamic Wisdom and
Implementation in Pakistan”, available on https://doi.org/10.3250/jitc.81.11 (lastly accessed on Decemebr, 5 2021)
39

father is responsible for the support of his male kid until he reaches puberty, but for the

maintenance of his female child until she reaches puberty and marries. Her spouse is responsible

for her maintenance when they marry. However, if the marriage falls apart, the father is once again

responsible for his daughter's maintenance. In such a circumstance, the father has no right to force

his daughter to work to support herself. If a son is physically or mentally disabled after puberty,

or if he is a student, he is entitled to maintenance.133

Im┐m ╓askafi declares in Durr al-Mukht┐r that giving financial support for an adult who is unable

to work is essential. So , the adult children must earn and provide for themselves. However, if the

parents pay for them in addition to what the children provide for themselves so that they might

pursue a career in religious or worldly education, the parents will be considered giving great

charity.134.

2.3.2. Right to Consent in marriage:

Forced marriages are absolutely prohibited in Isl┐m, according to all Sunni/Shia schools of

thought, because Islamic marriages are contracts between two consenting persons known as

mith┐q. A hadith attributed to Muhammad (SAW) states that:

A woman cannot be married to a man without first consulting her, and her agreement is secured

either by her agreeing to the marriage or by her silence. Furthermore, Muhammad (SAW)

empowered women to have their marriages annulled if it was discovered that they had been

married against their will. When a man gives his daughter in marriage and she hates it, the marriage

133
Doctor Mudasra Sabreen, “Maintenance of the Child in Pakistan: A Much-Needed Legislation”,
available at https://www.sahol.lums.edu.pk/law-journal/maintenance-child-pakistan-much-neded-legislation
(lastly accessed December, 7 2021)
134
https://www.islamqa.org/hanafi/daruliftaa-brimingham/136599/whois-responsible-for-providing-for-
ones-mature-children (lastly accessed on December, 7 2021)
40

is cancelled, according to the Holy Prophet (PBUH). when a virgin girl approached the prophet

(PBUH) and told him that her father had married her to a guy against her will. She was given the

right to cancel the marriage by the Prophet (PBUH). According to the major Islamic schools of

thought, the following conditions must be met for a marriage to be legal.135 Unlike the majority of

scholars who believe that wil┐ya in marriage is a rukn (pillar) of marriage and a prerequisite for

its validity, ╓anaf┘s believe that wil┐ya in marriage is a condition for its completion rather than

its validity. According to Im┐m Kas┐ni, a mature lady can marry anybody she wants as long as

the guy is of her social standing; the marriage will be lawful regardless of whether the

wal┘/guardian is informed or not, and whether the wal┘ consents or not. When a mature lady

marries a man from a lesser social class than her family, the regulations are different. The marriage

will not be valid if her wal┘ is dissatisfied with it. Hanafi used a variety of Quranic and Sunnah

arguments, as well as the application of companions, to validate marriage contracts without

wal┘.136. Allah says in Qur’┐n:

And there is no blame upon you for what they do with themselves in an acceptable
manner137

In another verse Allah says:

Do not prevent them from remarrying their husbands138

Al-Q┐sim narrated:

Khansa Bint Khidam was given by her father in marriage against her will, and then the
Prophet (PBUH) cancelled that marriage139

135
https://www.isalmiqate.com/3600/why-does-the-hanafi-school-require-wali-valid-marriage-nikah#
(lastly accessed on December , 7 2021)
136
ibid
137
Al-Qur’┐n,, 2:234
138
Al-Qur’┐n,, 2:232
139
╗ahih Al-Bukh┐ri, 90/16
41

This hadith illustrates that the bride, not her wal┘, makes the final decision in marriage. These

verses and hadith were utilised by Hanafi scholars to prove that a woman can marry herself without

the involvement of her wal┘. As a result, the permission of the parties, i.e. the bride and groom, is

a significant and necessary aspect of marriage, and it is critical for parents to obtain their children's

consent before making a marriage choice. In Isl┐m, it is their responsibility to get the approval of

contracting parties, and parents are enjoined to carry out this obligation.140

2.3.3. Right to be treated equally:

Children are not only treated with kindness by their parents, but they are also treated with fairness

and equality by their parents, even after they have grown up. The Quranic approach showed the

need of fairness and equality amongst children with truth, and we have the finest testimony in the

case of our master Y┴suf.141

Yusuf said –the Almighty, when they said, “Joseph and his brother are more beloved to
our father then we, while we are a clan.” Indeed, our father is in clear error142

Islam Commands Absolute equality among one’s offspring as The Prophet (PBUH) said:
Fear Allah and be fair in treating your offspring143

The father's love for a specific son of the sons must be kept secret, as must the necessity of equality

between them in treatment as adults and even in kissing as children, so that there is nothing in the

soul of any of the sons from his brothers or parents, as it happens discrimination between children

140
https://www.isalmiqate.com/3600/why-does-the-hanafi-school-require-wali-valid-marriage-nikah#
(lastly accessed on December , 7 2021)
141
Awwad Abdel Rahm┐n, Sayah Ali Rowaili, “Parents’ treatment and the promotion of intellectual
awareness in the light of the Holy Qur┐n”, at https://turcomat.org/index.php/turkbilmat/article/view/10187
(lastly accessed on December , 7 2021)
142
Al-Qur’┐n, 12:8
143
╗ahih Al-Muslim, 3/1242-1243
42

in treatment as a result of excessive love for one of the children. 144 Injustice is prohibited and

forbidden in Isl┐m. Children also have the right to be treated equally in terms of financial gifts as

well. No one should be preferred over the others. Allah must be treated equally and fairly.

Narrated by An-Naum┐n bin Basheer (RA):

My mother asked my father to present me a gift from his property: and he gave it to me
after some hesitation. My mother said that she would not be satisfied unless the Prophet
(PBUH) was made a witness to it. My Father held me by my hand and took me to the
Prophet (PBUH). He said to the Prophet (PBUH), “His mother, requested me to give this
boy a gift.” Te prophet (PBUH) said, “Do you have other sons besides him?” He said,
“Yes.”The Prophet (PBUH) said, “Do not make me a witness for injustice.”145

Noum┐n Bin Bash┘r reported:

My father conferred a gift upon me, and then brought me to Allah’s messenger. The
Prophet (PBU) said: observe equality among your children.146

As a result, even beyond their childhood, a parent and mother must treat their children equally and

fairly. They have the right to equitable treatment to the end. As Isl┐m emphasizes fairness and

equality, this is one of the most essential rights of children.147

2.3.4. Right to inheritance: an inalienable right of offspring:-

Allah Almighty says in the Holy Qur’┐n:

Allah instructs you concerning your children (I.e. their portions of inheritance): for the
male, what I equal to the share of two females. But if there are only daughters, two or more,
for them is two thirds of one’s estate (what is left). And if there is only one for her is half.
And for one’s parents, to each one of them is a sixth of his estate if h left children. But if
he had no children and the parents alone inherit from him, then for is mother is one third.
And if he had brothers (and/or sisters), for his mother is a sixth after any bequest
(inheritance) he (may have) made or debt. Your parents or your children – you know not

144
Awwad Abdel Rahman, Sayah Ali Rowaili, “Parents’ treatment and the promotion of intellectual
awareness in the light of the Holy Quran”, at https://turcomat.org/index.php/turkbilmat/article/view/10187 (lastly
accessed on December , 7 2021)
145
╗ahih Al-Buk┐hri, 3/818
146
╗ahih Al-Muslim, 3970
147
Mirza Ehtishamuddin, The Rights of Children, Edition I, 23.
43

which of them are nearest to you in benefit. (these shares are) an obligation imposed) by
Allah. Indeed, is ever knowing and wise148

According to the above mentioned verse of the Holy Qur’┐n, Muslims agreed that the inheritance

of the child from his father or mother, if there are both males and females, is that the share of the

male is equal to the share of two females. When a son is the sole heir, he receives the whole estate.

If a daughter is the single inheritor, she receives half of the estate, but if there are three or more,

she receives two-thirds.149

In another verse Allah Almighty says:

And for all, we have made heirs to what is left by parents and relatives. And to those whom
your oaths have bounds (to you) –give them their share. Indeed, Allah is witness, over all
things150

It is recommended that parents give appropriate inheritance to their children. The Prophet (PBUH)

said that it is preferable for parents to leave their offspring well-provided (financially) than to leave

them in poverty. It implies that parents should not spend all of their money on their own pleasures

and luxuries, but rather make arrangements for their children's wellbeing when parents die.151

Depriving or prohibiting a right to inheritance or other financial gifts during parents' lifetime, or a

parent's preference for one kid over the other, is regarded an act of injustice in Islam. Injustice

creates an atmosphere of hostility, wrath, and dissatisfaction among a family's children. In reality,

such an act of injustice will almost certainly result in animosity and resentment among the children.

As a result, this will have an impact on the entire family environment, as evidenced by the Had┘th

of the Holy Prophet (PBUH), which states that injustice among offspring is not permitted.152

148
Al-Qur’┐n, 4:11
149
Imran Ahsan Khan Nyazee, The Distinguished Jurist’s Primer, vol.II (Garnet Publishers) 411-430.
150
Al-Qur’┐n, 4:33
151
Rafique Anjum, Bilal Ahmed Wani, “Rights of Children in Islam and Contemporary Scenario”, available
at https://ssrn.com/abstarct=3870757 (lastly accessed on December, 5 2021)
152
Mirza Ehtishammudin, The Rights of Children, Edition I, 25-27.
44

Narrated ╓azrat Ab┴ Bakar (Allah be pleased with him):

Allah’s Apostle (PBUH), was approached by one of his companions, Al-Naum┐n Bin-
Basheer, who said: “O Prophet of Allah! I have granted a servant to one of my children
(asking him to testify to that gift).” Allah’s Prophet (PBUH) asked him; “Did you grant the
same to each and every child of yours?” When Allah’s Apostle (PBUH), 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
injustice153

However, if a father provides financial assistance to one of his children to meet a need, such as

medical care coverage, the cost of a wedding, the cost of starting a business, and so on, such

assistance would not be considered an act of injustice and unfairness. Such a gift would be covered

by a parent's entitlement to spend on the children's necessary requirements, which is a legal

requirement. According to Isl┐m, if parents fulfill their responsibilities to all of their children,

such as providing them with the required training and educational support, this would indubitably

result in more loving children, a better home atmosphere, and a better societal environment and

awareness.154 Depriving children of their inheritance is not permissible because it goes against

Shar┘’ah teachings and the justice and fairness that Allah has enjoined, particularly among one's

children, as it is stated in the Holy Qur’┐n that there is a share for men and women for what is left

by parents and closest relatives, and Allah Almighty warns those who go against this division of

legacies and play with it. Allah Almighty says in Qur’┐n:

And whoever disobeys Allah and his Messenger (PBUH), and transgresses His limits, He
will cast him into the fire, to abide therein, and he shall have a disgraceful torment155

Whoever deprives some of his children of their inheritance, or gives some of them less than their

Shar┘’ah due, or includes someone who is not an heir among those who are granted his legacy, is

153
╗ahi╒ Al-Bukh┐ri, 3/760 Sahih Al-Muslim, 3965
154
Mirza Ehtishammudin, The Rights of Children, Edition I, 25-27.
155
Al-Qur’┐n, 4:14
45

a sinner who has committed a serious sin.156 It is proven according to Shar┘’ah that Even though

no instructions to that effect are included in the will, if one of the children is a k┐fir, he is not an

heir because The Holy Prophet (PBUH) said that the Muslim does not inherit from the kafir and

the k┐fir does not inherit from the Muslim.157 Certain barriers can prevent children from inheriting

their parents' property. These impediments are the hurdles or restrictions that may prevent lawful

heirs from inheriting from a deceased person's property. A child who kills his father or mother will

not be able to inherit from them. A Muslim cannot inherit the property of a non-Muslim and vice

versa. However, someone who has a different religious belief than the deceased may benefit from

the Wasiya╒ (will), which cannot exceed one-third of the whole estate. According to reports, the

Prophet (PBUH) said that a Muslim cannot inherit a non-Muslim and vice versa.158Likewise a

father is not allowed to make will on more than 1/3 of his property as it is prohibited in Isl┐m. He

is not allowed to infringe the rights of his children by making an unjust will as the right to

inheritance is an inalienable and inviolable right of children and parents are not allowed to infringe

their right by using their authority arbitrarily.

2.5. PROTECTION OF RIGHTS OF OFFSPRING IN SHAR├’AH:-

According to Isl┐m, an offspring is given to his or her parents as a trust (amanah) from Allah the

Almighty. With this level of trust comes a level of obligation. A parent's duty involves providing

156
https://www.islamqa.info/en/answers/1511/ruling-on-wills-whichdeprive-some-of-ones-children-of-
their-inheritence
157
Ibid
158
Salako Taofiki Ajani, Bhasah Ab┴ Bakar, Mikail Ibrah┘m, “The value of Islamic Inheritance in
Consolidation of The Family Financial Stability”, available at www.Iosrjurnals.Org (lastly accessed on December 8,
2021)
46

a living environment in which the child may feel comfortable and develop his or her personality to

achieve the highest potentials that life can offer.159. It is stated in the Qur’┐n:

And they who say: O our Lord! Grant us wives and our offspring the joy of our eyes, and
make us guide to those who guard (against evil)160

However, using the word "irresponsible" to explain the actions of father is just insufficient. A

parent's heinous act of abusing a son cannot simply be classified as irresponsible. This father has

lost the feeling of pity, compassion, and love that a normal man would have for his children in

some way or another. In summary, his sanity and mental health are in serious doubt.161

When it comes to treating children, one should follow the example of the Prophet (PBUH). Anas

Bin M┐lik (RA) reflected about that he had never met someone more caring towards children than

Allah's Apostle (PBUH). In the hills near Mad┘na, his (SAW) son Ibrah┘m was in the care of a

wet nurse. He would accompany him there, and he would enter the home, pick up his kid, kiss

him, and then return. Furthermore, the Prophet's (PBUH) love, compassion, and mercy were

extended to all children, not only his own. Children's rights are about more than simply providing

children with education and protection; they also include Even when they reach adults, they have

the right to live a normal life.

Individuals and society benefit from Shar┘’ah while also being protected from harm. It is for this

reason that Shar┘’ah law emphasizes human rights, whether as a kid, a young person, an adult, a

man, a woman, a parent, or offspring162. Holy Prophet (PBUH) said:

159
Enizahura Binti Abdul Aziz, “Rights of Children in Isl┐m”, available https://www.ikim.gov.my/new-
wp/index.php/2017/09/19/rights-of-children-in-islam/ (lastly accessed on December 9, 2021)
160
Al-Quran, 25:74
161
Enizahura Binti Abdul Aziz, “Rights of Children in Islam”, available https://www.ikim.gov.my/new-
wp/index.php/2017/09/19/rights-of-children-in-islam/ (lastly accessed on December 9, 2021)
162
Farida Ali, Akila Belembaogo, Sehar Hegazi, Nesrine Khaled. (NEWYORK: PIXELTONE) Edition I
47

There should be neither harming nor reciprocating harm163

This guideline applies to any action or conduct that may harm humans or other creatures. If this

text forbids inflicting any damage on animals or birds, it goes without saying that this prohibition

of harm also applies to every human being who should be safeguarded from any action that may

have a harmful impact on people's lives. Or that might cause person bodily or mental harm164. The

framework of maq┐sid al-Shar┘’ah should be the finest guide for those with the power and

responsibility to make choices and establish policies with the goal of safeguarding children's

wellbeing. The greater purposes of Shar┘’ah are the concepts, solutions, and knowledge that

underpin Islamic decisions and legislation. The broad purposes of these intentions, according to

Muslim jurists, are to promote the overall welfare of mankind and to avert harm and evil. The basic

guideline to follow is that the goal behind a ruling must be directed toward the accomplishment of

something beneficial and the avoidance of something detrimental.165 Allah Almighty says in

Qur’┐n:

(And they are) those who, if we give them authority in the land, establish prayer and give
╘akah and enjoin what is right and forbid what is wrong. And to Allah belongs the outcome
of (all) matters166

So, any attempt to defend children's rights must also satisfy Shar┘ah’s aims or purposes, which

include preserving the five essentials which include religion, life, mind, progeny, and property.

These essentials are so important that life may not be sustainable and may become chaotic without

them.167

163
╗ahi╒ Al-Bukh┐ri, 5066
164
Farida Ali, Akila Belembaogo, Sehar Hegazi, Nesrine Khaled. (NEWYORK: PIXELTONE) Edition I, 116.
165
ibid
166
Al-Qur’┐n, 22:41
167
Enizahura Binti Abdul Az┘z, “Rights of Children in Islam”, available https://www.ikim.gov.my/new-
wp/index.php/2017/09/19/rights-of-children-in-islam/ (lastly accessed on December 9, 2021)
48

The overall higher goal of Shar┘’ah is to populate and civilized the earth, as well as to maintain

the order of peaceful coexistence therein; to ensure the earth's continued well-being and usefulness

through the piety of those who have been placed there as God's vicegerents; to ensure that people

conduct themselves justly, morally, and with integrity in thought and action, and that they reform

what needs reform on earth, tap its resources, and plan for the good of all; and to ensure that

Protection of offspring's rights must encompass more than only preserving or developing religious

law and standards with relation to children; it must also include promoting their rights to benefit

from what life can offer to them. Hence, anybody who abuses one of his offspring's rights is

disobeying Allah Almighty and transgressing the Shar┘ah's exalted standards.168

CONCLUSION:-

Human beings enjoy special position among all creation of God and necessitate special laws and

treatments in all the affairs material, moral and social. That is why Allah almighty was kind enough

to depute a series of Prophets with written manuals and revelations for guiding humanity

throughout the history of human civilization. Islam through Qur’┐n the words of Allah and

Sunnah, the practical model of Holy Prophet (PBUH), have laid down clear guidelines in respect

of not only parent but also of children. Islam not only grants rights to parents but also imposes

certain duties on them towards their children. Islam guarantees the rights of children and these

rights are not only limited to their childhood but also extend even after adulthood. For the peaceful

existence, it is equally important for parents to fulfill their duties towards their children just as

children are required to fulfill their duties towards their parents.

168
ibid
49

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