I will not exaggerate if I say that the Islamic Shari’a has a distinguished, long-standing history concerning protecting and supporting children. This tendency goes back to the fourteenth centuries ago, and, indeed, the judgments of Islamic Shari’a, in such concern, despite its oldness, yet, reflect a modern scientific, educational unparalleled ray in any other social system. In fact, this is not just a call that we propagate without evidence. However, it is a call supported and proven by distinguished scholars who specialized in Shari’a or medicine.
We have no time to portray the perfect image or framework which are always realistically applicable, where Islamic Shari’a was capable of tackling and handling children’s rights. We will content ourselves by referring to the rich framework with legal judgments and definite laws, which the books of Fiqh have tackled and explained deeply, nothing but for protecting the child. Apparently, these books were able to frame such framework, moderately, and elaborated it appropriately, in a way to suit the message which the child was created for: Allah’s vicegerent on earth, cultivating the earth and reforms its corruption.
For me, it is most likely that no philosophical or social system was aware enough of the paramount importance of children in reviving societies and the integrity of thought and behavior, as Islam did. Indeed, Islam is the religion that granted child rights before his/her birth, when he/she is still in the world of souls, before being created in the mother’s womb, and even before his/her parents get married. I shall mention what our senior Sheikhs had taught us, during our study at al-Azhar secondary stage, that the first right for a child is that his/her father should ensure that the mother comes from a medium that does not cause embarrassment for the child among his/her peers. Again, a father should choose the child a name that does not expose him/her to mockery from other children. Indeed, the father who contradicts such legislation and exposes his son or daughter, who is not born yet, to such psychological pain or autism or aloofness because of his/her name or mother, a such father is a sinner according to the Islamic Shari’a. That is why Prophet Mohammad (PBUH) interfered to modify and change children’s names, in case such names shall carry even the slightest implications that may hurt the child’s feelings or expose him/her to muttering.
In such concern, Prophet Mohammad (PBUH) gave conclusive instructions and never left that matter in the hands and the inclinations of parents; however, he connected such matter with religious objectives and afterlife responsibilities, as said in Hadith narrated by Abu Dawud: “On the Day of Resurrection you will be called by your names and by your father’s names, so give yourselves good names”. ‘Aisha said that Prophet Mohammad (PBUH) used to change the unpleasant names; Omar had once a daughter he named “‘Assia” (rebellious), yet the Prophet (PBUH) changed the name to “Jamila” (beautiful) and changed the name “Harb” (war) to “Selm” (peace), “Modag'” (about to die or fade) to “Monba’th” (to revive) and “Banu Moghwia” (deception or delusion) to “Banu Rishda” (reason and guidance).
As for the child’s life before birth, and since the moment of his/her creation in the mother’s womb, there are deep and definite legal judgments that accompany and protect the child throughout the pregnancy phase and manage the child’s rights, primarily the child’s right for care, protection from any assault threatening his/her life, as well the inheritance rights, and the right to live. In fact, if the child is an outcome of illegitimate pregnancy, then, this postpones the mother’s penalty stipulated in all religions, until the child is born and nursed until weaning.
As a matter of fact, one of the rights of a child during pregnancy and lactation is to give the mother a license to break her fasting during the month of Ramadan to ensure that the infant acquires complete and regular nutrition if fasting will harm the infant. The Islamic Shari’a preserved the right of the child to live a secured life, if the father married a Christian or a Jew since Shari’a stipulated that the mother, in this case, acquires the child’s custody rather than the father or his family. This rule is widespread in Maliki and Hanafi schools, which stated the rule that “Dhimmi have the same rights of custody as Muslim women since this right is for the favor of the child and does not change according to the different religions.” Prophet Mohammad (PBUH) said: “Whoever separates a mother from her child, May Allah separates him from his beloved ones on the Day of Resurrection” narrated by al-Tirmidhi who also said: “This acted upon according to the people of knowledge and the Prophet’s Companions.”
