Islamic Fiqh Academy (1985-2000)
Resolution No. 114(8/12)
"Children and Aged Rights"
The Council of the Islamic Fiqh Academy of the Organization of the Islamic Conference in its Twelfth Session held in Riyadh (Kingdom of Saudi Arabia) during the period from the 25th of Jumad Thani to 1st of Rajab 1421 H (23-28/9/2000),
And having looked into the research papers on Children and Aged Rights submitted to it, and the Recommendations of the Medical & Fiqhi Seminar on Aged Rights held in the State of Kuwait under the auspices of the Academy and the Islamic organization for Medical Sciences of Kuwait, during 9-12 Rajab 1420H(18-21/10/1999),
And in view of the discussions of its members, experts and other Fuqaha's on the subject,
Firstly: Children Rights in Islam:
of childhood is a fundamental prerequisite of a morally stable
society. This is way Islam has given much care to observation of
Children Rights, by urging upon people to get married and advising
each of the two couples to be very cautious when selecting his
spouse, in order to guarantee a stable and healthy family
The Council Therefore Decides the Following:
Protection of the fetus in the womb of its mother against all types of practices that may turn out to be harmful to it or to the mother such as alcohol and drugs, is a vital requirement in any Muslim society.
A fetus acquires the right to survive since the beginning of its formation. Hence, it should not be subjected to hazardous acts like abortion, deformation or any other injury.
Following his birth, every child obtains several material and moral rights. His material rights include, among others, rights of ownership, inheritance, bequest, gift and Waqf, whereas his moral rights include the right of having a good name, a kin, a religion and a country.
The society and the state should guarantee all children rights for orphan, foundling, homeless and war-victim children who have no one to support them.
A child has the right of enjoying natural suckling up to the age of four years.
A child has the right of being nursed and brought up in an appropriate and healthy familial environment. His mother, if capable, is the most suitable person to look after him, followed by his other kin in the order prescribed by Shari'ah.
Guardianship on self and property of the child, whether from the part of relatives or legal authority, is an indispensable right for him. Such right should be guaranteed for him as long as he is below the age of maturity. On maturity he should be left free to manage his own affairs.
Appropriate upbringing, moral commitment, education, training, gaining experience, self-dependency and acquiring of skills in Shari'ah-accepted professions are among the most fundamental rights of children. Moreover, gifted children should be given special care in order to develop their outstanding skill. All the above should be sought within the confines of Shari'ah directives.
Islam prohibits negligence of children whether from the part of the parents or whoever else, so as to safeguard them against vagrancy and loss. It also prohibits exploitation of children by putting them to works that lead to abuse of their physical, mental or psychological abilities.
Aggression against beliefs, personalities, honor, properties and minds of children is a serious crime in Islam.
Secondly: Aged Rights:
Islam has given much care to human being at the various stages of his age. Honouring of all descendants of Adam is a well-emphasized aspect of the Islamic Shari'ah as Allah (S.W.T.) says in the holy Quran: "We have honoured the sons of Adam"(17:70), and he also says "Thy Lord hath decreed that ye worship none but Him and that ye be kind to parents"(17:23). In this regard also the Prophet Mohammed (P.B.U.H.) says "Every youth who honours an aged for the sake of being so, Allah will make somebody else do the same with him at that age" (narrated by Tirmithi). The Prophet (P.B.U.H.) also says "Alienated from us, he who neither confers mercy upon our young nor acknowledges the honor of our aged" (Narrated by Tirmithi and Ahmed in his Mosnad).
Therefore, the Council decides the following:
An aged should be enlightened about what he needs to do in order to enjoy a healthy physical, spiritual and social life. He should also be enlightened about the Shari'ah rulings and a directives which guide him in discharging of his religious and social commitments and make him entitled to blessing and reward from Allah (S.W.T.)
The regard should have a role to play in their societies and should enjoy all human rights.
The family is the best place where an aged can enjoy a happy life. In such environment the aged will be in a position to get support from his sons, grandsons, relatives, friends and neighbours. For those who have no families to stay with, the family environment has to be made available to them at the aged hostel.
Educational systems and mass media should be used for boosting public awareness about the position of the aged and their rights with special emphasis on filial piety.
Aged hostels should be established for hosting those who have no person to support them, or those whose families are unable to support them.
More consideration should be given to promotion of Geriatric studies in medical colleges and health institutes, training physicians on diagnosis and treatment of geriatric diseases and establishing specialized centres for such diseases in the hospitals.
The aged should have their special seats in the means of public transportation and public places and their special area in car parks.
The Council recommends adopting the Kuwait Declaration on the Aged Rights.
the Book "Resolution and Recommendations of the Council of the
Islamic Fiqh Academy (1985-2000),Published by- Islamic Research and
Training Institute, Islamic Development Bank,Jeddah. E-mail Address:
Archives@ISDB.ORG.SA, Home page: HTTP://WWW.IRTI.ORG.SA)
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