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A foundling (laqeet) is regarded as an orphan (yateem), and one may also apply the term wayfarer (ibn al-
sabeel),(The “Wayfarer” is one of several categories of people mentioned as deserving of charity in various
Qur‘ânic verses, notably 2:176 and 9:60. A foundling or orphan can also be considered as belonging in this
category and hence as doubly deserving of help and charity. (Trans.)) one of those who must also be cared
for, to him as well.
If a man has no children of his own, and he wishes to benefit such a child from his wealth, he may give him
whatever he wants during his lifetime and may also bequeath to him up to one-third of his inheritance before
his death.
Artificial Insemination
Islâm safeguards lineage by prohibiting zina and legal adoption, thus keeping the family line unambiguously
defined without any foreign element entering into it. It likewise prohibits what is known as artificial
insemination if the donor of the semen is other than the husband. In such a case, as the well-known
professor, Shaikh Shaltut, says, It is a despicable crime and a major sin, to be classified in the same
category as adultery. Both (adultery and artificial insemination by anyone other than the husband) are similar
in nature and in effects; that is, in both cases the tillage which belongs exclusively to the husband is
intentionally inseminated by a stranger. Had the form of this crime not been of a lesser degree, such
insemination would have been punishable by the same hadd punishment as is prescribed for adultery in the
divinely revealed Shari‘ah. There is, however, no doubt that insemination by a donor other than the husband
is a more serious crime and detestable offense than adoption, for the child born of (such) insemination
incorporates in itself the result of adoption—the introduction of an alien element into the lineage — in
conjunction with the offense of adultery, which is abhorrent both to the divinely revealed laws and to upright
human nature. By this action the human being is degraded to the level of an animal, who has no
consciousness of the noble bonds (of morality and lineage) which exist among the members of a human
society (AI-Fatwa (Islâmic Legal Decisions), by Shaikh Shaltut, p. 300)
Attributing the Child to a Man Other Than the Child’s Father
Just as Islâm prohibits a father to deny his paternity of his own child without a justifiable reason, it likewise
forbids the child to claim a lineage other than his own, or to claim as father someone who is not his real
father. The Prophet (s.a.w.s.) listed this practice among the abominable evils deserving the curse of both the
Creator and His creatures. Once ‘All, speaking from the pulpit, read from some pages on which he had
written various ahadith. One of the Prophet’s statements was the following: The one who claims descent
from someone other than his (real) father, and the slave who attaches himself to someone other than his
(real) master, are cursed by Allâh, His angels, and the people. Allâh will accept neither repentance nor
ransom from such a person on the Day of Resurrection. (Compiled by al-Bukhâri and Muslim.)
And Sa‘d bin Abi Waqqas narrated that the Prophet (s.a.w.s.) said, If someone claims a person as his father
with the knowledge that he is not his father, the Garden will be forbidden to him. (Compiled by al-Bukhâri
and Muslim.)
“Do Not Kill Your Children“
After safeguarding the lineage in this manner, Islâm imposed certain mutual rights, which proceed naturally
from the parent-child relationship, upon children and parents, making certain things haram for them in order
to protect these rights.
The child has a right to life. Neither the father nor the mother have the right to take the life of the child,
whether a boy or a girl, by killing it or burying it alive, as was done by some Arabs of jahiliyyah. Says Allâh
Ta‘ala: And do not kill your children out of fear of poverty; We shall provide for them and for you. Truly, the
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killing of them is a great sin. (17:31)...When the female child who was buried alive is asked for what crime
she was killed. (81:8-9)
Whatever the motive for this crime may be, whether economical, such as fear of poverty and lack of
provision, or non-economic, such as fear of disgrace in the case of a daughter, Islâm absolutely prohibits
this savage act which is nothing but premeditated murder and the oppression of a feeble, helpless
humabeing. That is why, when the Prophet (s.a.w.s.) was asked, “What is the greatest sin?” he replied, ‘To
ascribe divinity to someone other than Allâh, when He is the One Who created you.’ ‘What next?‘ he was
asked. ‘To kill your child out of fear that it will share your food, he replied. (Compiled by al-Bukhâri and
Muslim.)
The Prophet (s.a.w.s.) took an oath of allegiance from both men and women at the time of their accepting
Islâm. This oath of allegiance included the condition that they would not kill their children and would consider
it an absolutely prohibited crime:...That they will not steal nor commit zina nor kill their children....(60:12)
It is the right of a child in relation to its parents that they should give it a good name, not one which will cause
it embarrassment when it grows older. It is haram to give a name which denotes a slave or worshipper of
someone other than Allâh, as for example ‘Abd al-Nabi, ‘Abd al-Masih, and the like.
A child has a right to sustenance, education, and proper care. The parents are not permitted to neglect the
child’s needs nor to abuse it The Prophet (s.a.w.s.) said: “Each one of you is a caretaker (ra‘iy) and is
responsible for those under his care.” (Compiled by al-Bukhâri and Muslim.) “Wasting the sustenance of his
dependents is sufficient sin for a man.” (Reported by Abû Daoud, al-Nisai, and al-Hakim) “Allâh will ask
every caretaker (ra‘iy) about the people under his care, and the man will be asked concerning the people of
his household.” (Reported by Ahmad, al-Nisai, and Abû Daoud)
Equal Treatment of Children
It is obligatory for a father to treat all his children equally especially in the matter of giving gifts. Accordingly,
he is prohibited from bestowing more favors on some of his children than on others without any necessity or
valid reason, since this will produce jealousy and may even arouse enmity and hatred among them. This
applies equally to the mother. The Prophet (s.a.w.s.) said, ‘Do justice among your sons,‘ and repeated it
thrice. (Compiled by Muslim, Ahmad, and Abû Daoud) The story behind this hadith is that the wife of Bashir
bin Sa‘d al-Ansari requested her husband to give a gift of a garden or a slave to her son, al-Nu‘man bin
Bashir. She asked Bashir to go to the Prophet (s.a.w.s.) and request him to be a witness. Bashir went to
him, saying, “The daughter of such and such—meaning his wife—has asked me to give a slave to her son.”
“Does he have brothers?” the Prophet (s.a.w.s.) asked. “Yes,” he replied. “Did you give the same to each
of them?” inquired the Prophet (s.a.w.s.). “No,” said Bashir. The Prophet (s.a.w.s.) then said, “This is not
correct, and I can never bear witness to other than what is just.” (Reported by Ibn Hibban in his Sahih.)
Some other ahadith in this regard are as follows: Do not ask me to be a witness to injustice. Your children
have the right of receiving equal treatment, as you have the right that they should honor you. (Reported by
Abû Daoud) “Fear Allâh and treat your children with equal justice.” (Compiled by al-Bukhâri and Muslim.)
Imam Ahmad bin Hanbal said that preferential treatment of a child is permitted if he or she is handicapped
while others are not. (In Al-Mughni, vol. 5, p. 605, it is stated that special treatment of a child is permissible
due to a need, a handicap, blindness, his or her being from a large family, being engaged in studies, or
something of the sort, as it is aIso permitted to withhold from a child who would spend what he is given on
sinful or wicked things.)
Observing the Limits of Allâh Regarding Inheritance
It is haram for a father to deprive his children of inheritance, as for example, to deprive the females or the
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