فرزند در اسلام
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به فرزند در اسلام اهمیت بسیار زیادی داده شده است. فرزند در قرآن[ویرایش]در قرآن برای اشاره به کودکان و فرزندان، چندین واژه عربی به کار رفتهاست (مانند ذریه، غلام، ولد، ولید، مولود، طفل و صغیر) که همگی به نابالغان اشاره دارد. قرآن، وظایف والدین نسبت به فرزندانشان و وظایف فرزندان نسبت به والدین را به تفصیل بیان نکردهاست. در قرآن، زنده به گور کردن نوزادان ممنوع شدهاست. قرآن از کشتن نوزادان حتی در صورت بیم از تنگدستی، نهی کردهاست.[۱] دوران شیر دادن به کودک دو سال تعیین شدهاست. در اسلام، ازدواج و رابطه جنسی با فرزندان ممنوع زنای با محارم محسوب میشود. شوهر به تأمین هزینه کودکش ملزم شدهاست. قرآن، مهربانی و عدالت را با یتیمان توصیه میکند[۲] و بنا به قرآن، محمد خود یتیمی بود که از سوی خدا پناه داده شد.[۳] پدر نمونه در اسلام، لقمان است که پسرش را تعلیم میدهد.[۴] قرآن، فرزند را نشانه برکت الهی میداند و در شمار پاداشهای موعود به صالحان، فرزند بسیار را ذکر میکند.[۵] در این حال، فرزند در کنار ثروتهای دنیوی دیگر فتنه و وسیله آزمایش نام گرفتهاست که میتوانند انسان را از یاد خدا غافل کنند.[۶] قرآن به مؤمنان یادآوری میکند که دلبستگی به فرزند و اموال، نباید آنها را از جهاد بازدارد.[۷] منبع[ویرایش]
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The topic of Islam and children includes the rights of children in Islam, children's duties towards their parents, and parent's rights over their children, both biological and foster children. Also discussed are some of the differences regarding rights with respect to different schools of thought.
In the Qur'an[edit]The Qur'an uses various terms for children (e.g. Arabic terms dhurriyya; ghulām; ibn; walad; walīd; mawlūd; ṣabī; tifl; saghir) but according to Avner Giladi, the context seldom makes it clear whether it is exclusively referring to non-mature children, or simply offspring.[1] The Quranic statements about children, Giladi states, are mainly concerned with "infanticide, adoption, breast-feeding, and fatherless children."[1] These statements were of a normative-ethical significance for later Muslim jurists who formed the foundations of Islamic legislation.[1] Muhammad[edit]Muhammad established laws and examples (sunnah) in respect of which is obligatory for the Muslim community to follow. Muhammad's behavior towards children is demonstrably kind. Muhammad had seven children, three boys and four girls. All his sons, including Ibrahim ibn Muhammad, died in infancy. Because of this, his experience as a father is sometimes described as "sorrowful".[2] Muhammad also had an adopted son, Zayd, who is said to be the object of Muhammad's parental affection.[3] He also had two grandsons, Hassan and Hussein, and three granddaughters, Umm Kulthum, Zaynab and Umamah.[2] In one Islamic tradition, Muhammad ran after Hussein in a game until he caught him.[4] Muhammad used to let Umamah sit on his shoulders while he was praying. When Muhammad was chided for kissing his grandchild, he responded, "what can I do if God has deprived your heart of all human feeling?"[5] Muhammad has been described as being very fond of children in general. Watt attributes this to Muhammad's yearning for children, as most of his own children died before him.[3] He comforted a child whose pet nightingale had died.[5] Muhammad played many games with children, joked with them and befriended them.[3] Muhammad also showed love to children of other religions. Once he visited his Jewish neighbor's son when the child was sick.[4] Once, Muhammad was sitting with a child in his lap, and the child urinated over Muhammad. Embarrassed, the father scolded the child. Muhammad restrained the father, and advised him: "This is not a big issue. My clothes can be washed. But be careful with how you treat the child. What can restore his self-esteem after you have dealt with him in public like this?"[6] Breast-feeding[edit]
In pre-Islamic Arabia, like the Jewish and Christian tradition, sexual relations between males and their milk-mothers or milk-sisters are looked upon as incest, also if they were adopted they couldn't breast feed.
The Quran forbade sexual relations between males and their milk-mothers or milk-sisters.[7] According to Avner Giladi, verses 233 of sura 2 (Al-Baqara) and 6 of sura 65 (At-Talaq)[8] aim at "protecting repudiated but still lactating women and their nurslings by guaranteeing them economic support from the father for at least two years and by sanctioning non-maternal nursing when needed."[1] Fatherless children[edit]The Quran in 19 verses forbids harsh and oppressive treatment of orphaned children while urging kindness and justice towards them. Muhammad himself was an orphan and an early Quranic verse[9] celebrates God's providence and care towards him. Other Quranic verses identify those who repulse the orphan as unbelievers,[10] rebuke those who do not honor the orphans and encourage the unbelievers to feed the orphans.[11] The Quran speaks of the reward waiting for those who feed orphans, poor and the prisoner for the love of God.[12] It also warns those who wrongfully consume the property of orphans that they will be punished in the hereafter with "fire in their own bellies".[1][13] The Quran also gives concrete instructions to guardians regarding the orphans, particularly on how to protect their wealth and property rights.[13] Islamic scholar and prominent thinker Muhammad Husayn Tabatabaei, who is given the titles Allamah and Sayyid, renowned for his Quranic exegesis explains that verses 57 to 59 of sura 16 (An-Nahl)[14] indicate how God admonished pagan polytheistic tribes for their sexism:
Rights of children[edit]
A tradition reports:
Rights of parents[edit]With regard to Islam, some of the prerogatives of parents with respect to children, and countervailing rights of children are:
Marriage[edit]Consent[edit]All Sunni schools of thought agree that forced marriages are strictly forbidden in Islam, as Islamic marriages are contracts between two consenting parties referred to as mithaq.[27] It has been quoted from Muhammad:
In addition, Muhammad gave women the power to annul their marriages if it was found that they had been married against their consent.
In Islam, marriage is essentially a contract. However, the distinction between sacred and secular was never explicit in Islam. Any action or transaction in Islam has religious implications. It is not quite accurate, therefore, to designate marriage in Islam simply as a secular contract. For a valid marriage, the following conditions must be satisfied, this is in accordance with all schools of thought:[28]
The Maliki school of thought gives the right of Ijbar to the guardian. Ijbar is defined as the annulment of marriage due to objection by male guardian.[30] According to Malik ibn Anas, children due to their immaturity may choose an unsuitable partner for themselves, hence, the power of Ijbar has been given to the guardian so that he may overrule the child to marry someone he thinks is unsuitable for her. This is the legal right given to the guardian for girls by Maliki school of thought.[30] In addition, Islam requires that parents be followed in almost every circumstances, hence parents may ask their children to divorce a certain person, but this cannot be upheld in an Islamic court of law and is not a legal right of the parent.[31] Age of marriage[edit]No age limits have been fixed by Islam for marriage according to Reuben Levy,[32] and "quite young children may be legally married". The girl may not live with the husband however until she is fit for marital sexual relations.[32] The Hanafi madhhab of Islamic fiqh maintains that a wife must not be taken to her husband's house until she reaches the condition of fitness for sexual relations. Levy adds:
In Islamic legal terminology, Baligh refers to a person who has reached maturity, puberty or adulthood and has full responsibility under Islamic law. Legal theorists assign different ages and criteria for reaching this state for both males and females.[34] In marriage baligh is related to the Arabic legal expression, hatta tutiqa'l-rijal, which means that the wedding may not take place until the girl is physically fit to engage in sexual intercourse. In comparison, baligh or balaghat concerns the reaching of sexual maturity which becomes manifest by the menses. The age related to these two concepts can, but need not necessarily, coincide. Only after a separate condition called rushd, or intellectual maturity to handle one's own property, is reached can a girl receive her bridewealth.[35] Adoption and fostering[edit]Islam highly recommends the "fostering" of children, defined as "assuming partial or complete responsibility of a child in lieu of the biological parents". However, Islam forbids naming the child as one's own, or creating any "fictive relationships". Islamic adoption is sometimes called "fostering" or "partial adoption" and is similar to "open adoption".[36] Traditionally Islam has viewed legal adoption as a source of potential problems, such as accidentally marrying one's sibling or when distributing inheritance.[37] If a child is adopted he or she does not become a son or daughter, but rather a ward of the adopting caretaker(s). The child’s family name is not changed to that of the adopting parent(s) and his or her guardians are publicly known as such. Legally, this is close to other nations' systems for foster care. Other common rules governing adoption in Islamic culture address inheritance, marriage regulations, and the fact that adoptive parents are considered trustees of another individual's child rather than the child's new parents.[38] Usually an adopted child inherits from his or her biological parents, not automatically from the adoptive parents. If the child is below the age of consent at the time of inheritance (from the biological family), his or her adoptive parents serve as trustees over the child's wealth, but may not intermingle with it. Adoption was a common practice in pre-Islamic Arabia. According to this custom, the adopted son would take the name of his adoptive parent, and would be assimilated into the family in a "legal sense".[1] Islam viewed this practice as "erasure of natal identity". This practice was sometimes done for emotional reasons, such as pity, but adoption was also a means through which slaves were stripped of their identities and given the name of their slavemaster.[36] The Quran replaced the pre-Islamic custom of adoption by the recommendation that "believers treat children of unknown origin as their brothers in the faith".[37][39] From verses 4 and 5 in sura 33 (Al-Ahzab) in the Quran, Muhammad instructed adoptive parents to refer to their adoptive children by the names of their biological parents, if known:
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