Rights of children, lineage relations, gifts, and the Shariah rulings on inheritance

This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqash.


Attributing oneself to anyone other than one's father is a cause of curse​


Just as it is forbidden in Islam for a father to unjustly deny his child's lineage, similarly, it is also forbidden for a child to attribute themselves to another lineage and to declare someone other than their real father as their father. The Prophet Muhammad (peace be upon him) counted this among the worst sins, as a result of which a person becomes deserving of the curse of both the Creator and the creation.

It is narrated from Sayyidina Ali (may Allah be pleased with him) that the Messenger of Allah (peace be upon him) said:
من ادعى إلى غير أبيه أو انتمى إلى غير مواليه فعليه لعنة الله والملائكة والناس أجمعين لا يقبل الله منه يوم القيامة صرفا ولا عدلا
"Whoever claims lineage to anyone other than his real father or claims to be a slave of anyone other than his master, then upon him is the curse of Allah, the angels, and all people. On the Day of Judgment, Allah will neither accept his repentance nor any ransom from him."
Reference: Bukhari, Book of Obligations, Chapter: The Sin of Denying One's Mawali, Hadith: 6755; Muslim, Book of Pilgrimage, Chapter: The Virtue of the City, Hadith: 1370


And Sayyidina Saad bin Abi Waqqas (may Allah be pleased with him) says that the Prophet (peace be upon him) said:
من ادعى إلى غير أبيه وهو يعلم أنه غير أبيه فالجنة عليه حرام
"Whoever claims to be the son of anyone other than his father while knowing that he is not his (real) father, Paradise is forbidden for him."
Reference: Bukhari, Book of Obligations, Chapter: Whoever Claims to Another Than His Father, Hadith: 6766; Muslim, Book of Faith, Chapter: Clarifying the State of Faith of One Who Turns Away from His Father While Knowing, Hadith: 63


Do not kill children​


In this way, Islam, while protecting lineage, has imposed mutual rights on both children and parents, and to safeguard these rights, certain things have been forbidden for both. Thus, children have the right to live. Parents do not have the authority to kill their children or bury them alive; parents do not have the right to deprive their children of life in any way. In the era of ignorance, some Arabs had the bad custom of burying their children alive. In Islamic teachings, the lives of both boys and girls are equally respected. Allah Almighty says:
وَلَا تَقْتُلُوا أَوْلَادَكُمْ خَشْيَةَ إِمْلَاقٍ نَحْنُ نَرْزُقُهُمْ وَإِيَّاكُمْ إِنَّ قَتْلَهُمْ كَانَ خِطْئًا كَبِيرًا
"Do not kill your children for fear of poverty. We provide for them and for you. Surely killing them is a great sin."
Reference: (Surah Al-Isra: 31)

وَإِذَا الْمَوْءُودَةُ سُئِلَتْ ‎8 بِأَيِّ ذَنبٍ قُتِلَتْ
"And when the girl who was buried alive is asked, for what sin was she killed?"
Reference: (Surah At-Takwir: 8-9)

Whether the reason for this denial is economic, i.e., fear of poverty and competition for sustenance, or some non-economic reason, such as considering the birth of a girl a source of shame, Islam has strictly forbidden this brutal act under all circumstances. Because this act involves many major sins such as murder, severing of kinship ties, and oppression of the weak soul. The Prophetic hadith is:
سئل النبى صلى الله عليه وسلم أى الذنب أعظم؟ فقال: أن تجعل لله ندا وهو خلقك. قيل: ثم أي؟ قال: أن تقتل ولدك مخافة أن يطعم معك
"Someone asked the Prophet (peace be upon him): Which sin is the greatest? He (peace be upon him) said: That you associate partners with Allah while He created you. He was asked: What is next? He said: That you kill your children for fear that they will share your food."
Reference: Bukhari, Book of Tafsir, Surah Al-Baqarah: Chapter on the verse 'So do not make Allah a partner'; Muslim, Book of Faith, Chapter on the explanation that polytheism is the ugliest sin, Hadith: 86

The Prophet (peace be upon him) took a pledge from women that they would refrain from committing this crime (killing):
وَلا يَقْتُلْنَ أولادَهُنَّ
"And they shall not kill their children."
Reference: (Surah Al-Mumtahina: 12)

Reference: Bukhari, Book of Tafsir, Surah Al-Mumtahina, Hadith: 4891 - 4895; Muslim, Book of Leadership, Chapter on how women give the pledge, Hadith: 1866

One of the child's rights over the father is that he should give him a good name. He should not give a name that causes the child distress when he grows up. Similarly, he should not give a name that implies servitude to anyone other than Allah, such as Abd al-Nabi (servant of the Prophet) or Abd al-Masih (servant of the Messiah). The child also has the right to be cared for, educated, and provided for. Neglecting or disregarding these rights or wasting them is not permissible. The Prophetic guidance is:
كلكم راع وكلكم مسئول عن رعيته
"Each of you is a shepherd and each of you will be questioned about those under his care."
Reference: Bukhari, Book of Friday, Chapter on Friday in villages and cities, Hadith: 893; Muslim, Book of Leadership, Chapter on the virtue of a just ruler: 18329

كفى بالمرء إثما أن يضيع من يقوت
"It is sufficient for a man to be considered sinful if he is negligent towards those whom he is responsible to feed."
Reference: Abu Dawood, Book of Zakat, Chapter on maintaining kinship ties, Hadith: 1692; and the wording is his — and it is also in Muslim, Book of Zakat, Chapter on the virtue of spending on dependents, Hadith: 996 with different wording; previously mentioned: 303


Equal Treatment in Matters of Giving and Charity​


It is obligatory upon the father to treat his children equally in matters of gifts so that all the children can treat their father well. It is forbidden to give preference to some of the children in gifts without necessity or any valid reason because this causes mutual resentment and ignites the fire of hatred and enmity among them. This guidance is for the father just as it is for the mother. The Prophet (peace be upon him) said:
اعدلوا بين أبنائكم اعدلوا بين أبنائكم اعدلوا بين أبنائكم
"Treat your sons equally, treat your sons equally, treat your sons equally."
Reference: Musnad Ahmad: 4/275, 278; Abu Dawood, Book of Sales, Chapter on a man preferring some children in gifts: 3544; Nasa'i, Book of Gifts: 3717; and it is agreed upon with the wording: Be just among your children without repetition. See the following hadiths.

The actual incident is that the wife of the Companion of the Prophet, Sayyidna Basheer bin Saad Ansari (may Allah be pleased with him), specifically demanded a financial gift for her son Nu’man bin Basheer (may Allah be pleased with him) and asked to make the Prophet (peace be upon him) a witness to this gift. Sayyidna Basheer bin Saad (may Allah be pleased with him) came to the Prophet (peace be upon him) and said: O Messenger of Allah! My wife wants me to gift her son as my slave. The Prophet (peace be upon him) asked: Does he have brothers? He replied: Yes. The Prophet (peace be upon him) said:
فكلهم أعطيت مثل ما أعطيته؟ قال لا - قال فليس يصلح هذا وإني لا أشهد إلا على الحق
"Have you gifted all of them in the same way?" He said: No. The Prophet (peace be upon him) said: Then this is not correct, and I bear witness to nothing but the truth."
Reference: Muslim, Book of Gifts, Chapter on the dislike of favoring some children in gifts, Hadith: 1623 - and it is also in Bukhari, Book of Gifts, Chapter on gifting to children, Hadiths: 2576, 2587, 2650 with different wording.

In another narration it is said:
لا تشهد على جور إن لبنيك عليك من الحق أن تعدل بينهم كما لك عليهم من الحق أن يبروك
"Do not make me a witness to injustice. Your children have a right over you that you treat them equally just as you have the right that they treat you well."
Reference: Abu Dawood, Book of Sales, Chapter on a man preferring some of his children in gifts: 3542; narrated by Muslim in the Book of Gifts, Chapter on the dislike of favoring some children in gifts, Hadiths: 17, 18 (meaning).

In a third narration it is said:
اتقوا الله واعدلوا فى أولادكم
"Fear Allah and be just in the matter of your children."
Reference: Bukhari, Book of Gifts, Chapter on witnessing in gifts, Hadith: 2587; Muslim, previous reference - Hadith: 1623/13

It is narrated from Imam Ahmad (may Allah have mercy on him) that he was asked whether it is permissible to prefer one of the children over others for some reason, such as preferring a son who is disabled or in need. In Al-Mughni it is stated:
"If one of the children is preferred for some special reason, for example, being needy, disabled, blind, having many dependents, being busy with knowledge, etc., or if a son is deprived of a gift due to being involved in immorality, innovation, or spending on sinful matters, then in such cases Imam Ahmad (may Allah have mercy on him) permits it. He says that as far as dedicating something to some children is concerned, there is no harm in doing so out of necessity. But if some children are preferred over others without necessity, I consider it disliked. As for the matter of giving and gifting, the same ruling applies."
Reference: Al-Mughni - Vol. 5, pp. 5-6


Adherence to Divine Law in Matters of Inheritance​


Similarly, in matters of inheritance, it is not permissible to deprive any of one's children, daughters, or the children of an unloved wife from their inheritance. Nor is it permissible for any other relative to deprive an entitled heir of their inheritance through any trick. Allah Almighty has established the system of inheritance based on His knowledge, justice, wisdom, and knowledge, and has granted every rightful person their due share. He has instructed people to adhere to the divine law and Shariah. Therefore, whoever opposes this system of inheritance is accusing their Lord. Allah Almighty has explained the issues of inheritance in great detail in three different verses, and at the end of the first verse He says:
آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ اللَّهِ ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا
“You do not know which of your parents or your children are nearest to you in benefit. This is a command from Allah. Indeed, Allah is Knowing and Wise.”
Reference: (Surah An-Nisa: 11)

At the end of the second verse, He says:
غَيْرَ مُضَارٍّ ۚ وَصِيَّةً مِّنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَلِيمٌ ‎12 تِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِن تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا ۚ وَذَٰلِكَ الْفَوْزُ الْعَظِيمُ
“Without causing harm to anyone. This is a command from Allah, and Allah is Knowing and Forbearing. These are the limits set by Allah, and whoever obeys Allah and His Messenger, Allah will admit them to gardens beneath which rivers flow, where they will abide forever. That is the great success. And whoever disobeys Allah and His Messenger and transgresses His limits, He will admit them to a fire where they will abide forever, and for them is a humiliating punishment.”
Reference: (Surah An-Nisa: 12-13)

And at the end of the third verse, He clearly states:
يُبَيِّنُ اللَّهُ لَكُمْ أَنْ تَضِلُّوا وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ
“Allah makes clear the verses so that you do not go astray. And Allah is Knowing of all things.”
Reference: (Surah An-Nisa: 176)

Therefore, whoever opposes the Shariah in matters of inheritance deviates from the clear right (inheritance) ordained by Allah and falls into misguidance and transgresses the limits set by Allah. In such a case, they should await Allah’s warning:
نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُهِينٌ
“A fire in which they will abide forever, and for them is a humiliating punishment.”
Reference: (Surah An-Nisa: 14)
 
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