The
Protection of the Lineage
The child is
an extension of his father and the bearer of his characteristics. During
his
lifetime he is the joy of his father's eyes, while after his death he represents
a continuation of his existence and an embodiment of his immortality. He
inherits his features and stature as well as his mental qualities and traits,
both the good and the bad, the beautiful as well as the ugly, from his
father. The child is a part of his father's heart and a piece of his body.
Allah Subhanahu
wa Ta'ala has ordained marriage and has forbidden adultery so that paternity
may be established without doubt or ambiguity and that the child may be
referred to his father and the father to his sons and daughters. Through
marriage a woman is reserved for one man; it is haram for her to
be unfaithful to him or to let anyone else have access to what belongs
exclusively to him. Thus, every child born to her in wedlock will be her
husband's child, without any need for recognition or public proclamation
of the fact by him or a corresponding claim on the part of the mother.
"The
child is attributed to the one on whose bed it is born," (Reported
by al-Bukhari and Muslim. Literally: "The child belongs to the bed.") declared
the Prophet of Islam (peace be on him).
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The
Prohibition of Denying Paternity
It is not permissible
for the husband to deny his paternity of any child born to his wife as
long as they are married to each other. Such a denial would bring the ugliest
shame imaginable upon both the wife and the child. He is, therefore, not
allowed to take such a step on the basis of a mere suspicion, a sudden
notion, or an evil rumor. If, however, on the basis of evidence which has
come to his attention, he is convinced that his wife has betrayed him,
the Shari'ah of Islam has no desire to force him to raise a child
whom he believes not to be his own or to let the child be his heir, or—at
the very least—to allow him to suffer from suspicion and doubt the rest
of his life.
A way out of
this dilemma, known in Islamic jurisprudence as li'an, is provided
by the Shari'ah. If a man is convinced or strongly suspects, although
without having proof, that his wife has had sexual relations with another
man and is carrying his child, he can take the case to a Muslim judge (qadi).
The
qadi
will
ask the man and his wife to invoke the curse of Allah on one another in
the manner prescribed in Surah al-Nur: As for those who accuse
their wives but have no witnesses except themselves, the testimony of one
of them shall consist of bearing witness by Allah four times that he is
of the truthful, and a fifth (time) that the curse of Allah be upon him
if he is one of those who lie. And it shall avert the punishment from her
if she bear witness by Allah four times that he is indeed of those who
lie, and a fifth (time) that the wrath of Allah be upon her if he is among
the truthful. (24:6-9)
After this
the two shall be separated permanently, and the child shall be identified
by the name of his or her mother.
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The
Prohibition of Legal Adoption
Just as it
is
haram for a man to deny his paternity of a child born to his
wife in wedlock, it is likewise haram for him to legally adopt a
son of whom he is not the natural father. Like peoples of other societies
during the course of history, the Arabs of jahiliyyah used to add anyone
they wished to their lineage and family through adoption. A man would adopt
(tabanna,
"to
make one's son") any boy of his liking as son (mutabanna),
announce
the fact to the public, and the boy would become like a son to him, sharing
the responsibilities and rights of his adopted family and taking its name.
The adoption was effective despite the fact that the adopted son might
have a known father and come from a known lineage.
This practice
was widespread in Arab society at the advent of Islam. Before receiving
the call to prophethood, the Prophet (peace be on him) had himself adopted
Zaid bin Harithah, who had been captured as a child during one of the raids
on his tribe which were common occurrences during the period of jahiliyyah.
Hakim
bin Hizam had bought him for his aunt Khadijah, and after her marriage
to the Prophet (peace be on him) Khadijah presented Zaid to him. When Zaid's
father and uncle learned his place of residence, they came to the Prophet
(peace be on him) to demand Zaid's return. The Prophet (peace be on him)
gave Zaid a choice, and he chose to stay with the Prophet (peace be on
him) in preference to his father and uncle. The Prophet (peace be on him)
then set him free and adopted him as his son in the presence of others.
He was thereafter called Zaid ibn Muhammad and became the first of the
freed slaves to accept Islam.
Now what is
the judgement of Islam concerning such a system of adoption? Islam rightly
views this sort of adoption as a falsification of the natural order and
of reality. Taking a stranger into the family as one of its members; and
allowing him privacy with women who are not his muharrmat, nor he
theirs, is a deception, for the man's wife is not the adopted son's mother,
nor is his daughter the boy's sister nor is his sister his aunt, since
all of them are non-mahrem to him. Moreover, the adopted son acquires
a claim on the inheritance of the man and his wife, depriving the rightful,
deserving relatives of their inheritance. Such a situation arouses the
anger of the real relatives against the intruder who encroaches upon them
and usurps their rights, depriving them of their full inheritance. (Since
the Islamic Shari'ah specifies the share of an individual's property
to which each near blood relative is entitled, the legal adoption of a
child who is not among such relatives, but who, by virtue of adoption,
is one of the heirs would naturally create bitterness and hostility among
the rightful heirs. (Trans.)) Frequently such anger leads to quarrels and
to the breaking of relations among relatives. That is why the Qur'an abolished
this jahili system, prohibiting it totally and eradicating all its
consequences. Says Allah Ta'ala: ...Nor has He made your adopted sons
your (real) sons; that is simply a saying of your mouths. But Allah speaks
the truth, and He guides you to the (right way). Call them by (the names
of) their fathers; that is more just in the sight of Allah. But
if you do not know their fathers, they are your brothers-in-faith and your
wards....(33:4-5)
Let us ponder
the Qur'anic words, "He has not made your adopted sons your (real) sons;
that is simply a saying of your mouths." This signifies that the declaration
of adoption consists of words having no corresponding objective reality.
A mere pronouncement does not change realities, alter facts, or make a
stranger a relative, or an adopted individual a son. A mere verbal expression
or figure of speech cannot make the blood of a man run in the veins of
the adopted son, produce feelings of fatherly affection in the man's heart
or filial emotions in the heart of the boy, or transfer either the genetic
characteristics or physical, mental, or psychological traits.
Islam abolished
all the effects of this system of adoption which relate to inheritance
and to prohibition of marriage to the widowed or divorced wife of the adopted
son. In matters of inheritance, the Qur'an does not recognize any claim
except those based on relationship through blood and marriage: ...But
blood relatives are nearer to each other in the ordinance of Allah....(8:75)
With regard
to marriage, The Qur'an declared that only the wives of one's real sons,
"the
wives of your sons who are from your (own) loins" (4:23), not the wives
of the adopted sons, are permanently forbidden in marriage. Accordingly,
it is permissible for a man to marry the divorced wife of his adopted son,
since she has been, in actuality, the wife of a "stranger" not related
by blood.
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A
Practical Example of the Abolition of Legal Adoption
The practice
of adopting sons was very deeply rooted in the society of pre-Islamic Arabia,
and it was not easy for people to give it up. But Allah Ta'ala wanted to
eradicate it and its effects, not only by words but also by . In order
that all doubts concerning matter might be dispelled, that the Believers
might feel at ease with respect to marrying the ex-wives of their adopted
sons, and, more importantly, that they might know with certainty that the
halal
is that which is permitted by Allah and that the haram is that
which is forbidden by Him alone, Allah Ta'ala chose the Prophet (peace
be on him) himself for this important task.
Now Zaid bin
Harithah, who was known as Zaid ibn Muhammad, had married the Prophet's
cousin, Zainab bint Zahsh. Zaid and Zainab were not happy together, and
Zaid became increasingly dissatisfied with his wife, complaining frequently
to the Prophet (peace be on him). Although the Prophet (peace be on him)
knew, through divine revelation, that Zaid would divorce Zainab and that
he would afterwards marry her himself, human weakness occasionally overcame
him, and he was afraid of facing the people. Thus, whenever Zaid complained
to him about his wife, the Prophet (peace be on him) would tell him, "Hold
on to your wife and fear Allah." At that point Allah Subhanahu wa Ta'ala
revealed some verses of the Qur'an admonishing the Prophet (peace be on
him) and at the same time fortifying his will to face society in demolishing
the remnants of this ancient system, in this case, the established practice
which prohibited a man from marrying the ex-wife of a stranger who had
been adopted as a son. Saye Allah Ta'ala: And when thou didst say to
him who had received the favor of Allah and thy favor, 'Retain thy wife
and fear Allah,' thou didst hide within thyself what Allah was about to
make manifest, fearing the people; but Allah has more right that thou shouldst
fear Him. Then, when Zaid had carried out the necessary formality (of divorce)
from her, We gave her to thee in marriage so that (in the future) there
might be no difficulty for the Believers with respect to (marriage to)
the wives of their adopted sons when the latter have carried out the necessary
formality (of divorce) from them; and Allah's command must be fulfilled.
(33:37)
The Qur'an
goes on to support the Prophet (peace be on him) in this action, confirming
its lawfulness and removing any stigma attached to it: There is no fault
in the Prophet in what Allah has made obligatory for him. That was Allah's
practice with those of old who passed away, and the command of Allah is
a decree determined — those who delivered the messages of Allah and feared
Him, fearing none but Allah; and Allah suffices in keeping account. Muhammad
is not the father of any man among you, but he is the Messenger of Allah
and the Seal of the Prophets; and Allah is the Knower of all things.
(33:38-40)
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Adopting
a Child to Rear and to Educate
As explained
above, the type of adoption which has been abolished by Islam is that kind
which makes a boy a member of the family, with all the rights of inheritance,
the permissibility of mixing freely with other members of the household,
the prohibition of marriage and so on.
But the word
"adoption" is also used in another sense, one which is not prohibited by
Islam—that is, when a man brings home an orphan or a foundling to rear,
to educate, and to treat as his own child; he protects, feeds, clothes,
teaches, and loves the child as his own. However, he does not attribute
the child to himself, nor does he give him the rights which the Shari'ah
reserves
for natural children. This is a meritorious act in Allah's religion, and
the man who does it will be rewarded by being admitted to Paradise. Said
the Prophet (peace be on him), "I, and the one who raises an orphan,
will be like these two in the Garden", and he pointed to his middle
and index fingers with a slight gap between the two.
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'anic
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.
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Artificial
Insemination
Islam 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 (Islamic Legal Decisions), by Shaikh Shaltut, p. 300)
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Attributing
the Child to a Man Other Than the Child's Father
Just as Islam
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
(peace be on him) 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 Allah, His angels,
and the people. Allah will accept neither repentance nor ransom from such
a person on the Day of Resurrection. (Reported by al-Bukhari and Muslim.)
And Sa'd bin
Abi Waqqas narrated that the Prophet (peace be on him) 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. (Reported by al-Bukhari and Muslim.)
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"Do
Not Kill Your Children"
After safeguarding
the lineage in this manner, Islam 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 Allah Ta'ala:
And
do not kill your children out of fear of poverty; We shall provide for
them and for you. Truly, the 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, Islam 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 (peace be on him) was asked, "What
is the greatest sin?" he replied, 'To ascribe divinity to someone other
than Allah, 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.
(Reported by al-Bukhari and Muslim.)
The Prophet
(peace be on him) took an oath of allegiance from both men and women at
the time of their accepting Islam. 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 Allah,
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 (peace
be on him) said: "Each one of you is a caretaker (ra'iy) and
is responsible for those under his care." (Reported by al-Bukhari and
Muslim.) "Wasting the sustenance of his dependents is sufficient sin
for a man." (Reported by Abu Daoud, al-Nisai, and al-Hakim) "Allah
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 Abu Daoud)
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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 (peace be on
him) said, 'Do justice among your sons,' and repeated it thrice.
(Reported by Muslim, Ahmad, and Abu 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 (peace be on him) 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 (peace be on him) asked. "Yes," he
replied. "Did you give the same to each of them?" inquired the Prophet
(peace be on him). "No," said Bashir. The Prophet (peace be on him) 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 Abu Daoud) "Fear
Allah and treat your children with equal justice." (Reported by al-Bukhari
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.)
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Observing
the Limits of Allah Regarding Inheritance
It is haram
for
a father to deprive his children of inheritance, as for example, to deprive
the females or the children of a wife who is not a favorite with him. Likewise,
it is haram for one relative to deprive another eligible relative
of his inheritance by means of a trick. It is Allah Subhanahu wa Ta'ala
Himself, Who, out of His knowledge, wisdom and justice, has established
the distribution of inheritance in order to give each eligible person his
or her share, and He has commanded mankind to remain within the limits
of His legislation; hence, anyone who deviates from His system in the distribution
of shares offends his Lord.
Allah Ta'ala
has mentioned matters of inheritance in three verses of the Qur'an. At
the end of the first verse He says, ...Your fathers or your sons: you
do not know which of them is nearer to you in benefit. This is an obligation
ordained by Allah; indeed, Allah is Knower, Wise. (4:11)
After the
second such verse He says, ...Which is not injurious (to the rightful
heirs): a charge from Allah, and Allah is Knowing, Forbearing. Those are
the limits of Allah, and whoever obeys Allah and His Messenger, He will
admit him to Gardens beneath which rivers flow, to abide therein, and that
is the supreme achievement. But whoever disobeys Allah and His Messenger
and transgresses His limits, He will admit him to Fire, to abide therein,
and he shall have a humiliating punishment. (4:12-14)
And at the
end of the third such verse He says, ...Allah makes clear to you (His
laws) so that you do not err; and Allah has knowledge of all things.
(4:176)
Accordingly,
whoever disobeys Allah's laws of inheritance has deviated from the just
course made plain by Him, transgressing His limits, and must expect the
punishment promised him: ...the Fire, to abide therein, and his shall
be a humiliating punishment. (4:14)
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Disobedience
to Parents: A Major Sin
It is the right
of parents that their children should treat them with kindness, obedience,
and honor. Devotion to parents is a natural instinct which must be strengthened
by deliberate actions. The rights of the mother are stressed the more because
of her suffering during pregnancy and childbirth, her suckling of the child,
and her role in rearing it. In the words of Allah Ta'ala: And We have
enjoined on man kindness to his parents. His mother carries him in pain
and she gives birth to him in pain, and (the period) of carrying him and
weaning him is thirty months....(46:15)
Once a
man came to the Prophet (peace be on him) and asked, 'Who is most deserving
of my good companionship?' 'Your mother,' replied the Prophet (peace be
on him). 'Who next?' the man asked. 'Your mother,' replied the Prophet
(peace be on him). 'Who next?' he asked. 'Your mother,' replied the Prophet
(peace be on him). 'Who next?' asked the man. 'Your father,' replied the
Prophet.(Reported by al-Bukhari and Muslim.)
The Prophet
(peace be on him) declared disobedience to parents to be a major sin, second
only to ascribing partners to Allah, as has been stated in the Qur'an.
Al-Bukhari and Muslim report his saying, 'Shall I not inform you about
the three major sins?' Those who were present replied, 'Yes, O Messenger
of Allah.' He said 'Associating partners with Allah and disobedience to
parents,' and sitting up from the reclining position, he continued, 'and
telling lies and false testimony; beware of it.'
He also said,
"Three
persons shall not enter the Garden: the one who is disobedient to his parents,
the pimp, and the woman who imitates men.'' (Reported by al-Nisai,
al-Bazzar on the authority of excellent transmitters, and al-Hakim) and,
"Allah
defers (the punishment of) all sins to the Day of Resurrection excepting
disobedience to parents, for which Allah punishes the sinner in this life
before his death."(Reported by al-Hakim, on the authority of sound
transmitters.)
Moreover, Islam
emphasizes treating parents kindly, especially when they grow old. As their
strength fails, they require more attention and care, and more consideration
of their even more sensitive feelings. Concerning this the Qur'an says,
Thy
Lord hath decreed that you worship none but Him and that you be kind to
parents. If one or both of them attain old age with thee, do not say a
word of annoyance (Literally, "Do not say Uff!
(an expression of
annoyance) to them." (Trans.)) to them nor repulse them, but speak to them
in gracious words and in mercy lower to them the wing of humility and say,
My Lord, bestow Thy mercy othem, as they cherished me when I was little....(17:23-24)
In explaining
this verse, a commentator says, "If a lesser thing than saying 'Uff!' tparents
were known to Allah, He would have prohibited (even that)."
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Insulting
Parents: A Major Sin
In addition
to the foregoing, the Prophet (peace be on him) not only prohibited insulting
or cursing one's parents but declared it to be a major sin. He said, 'Among
the major sins is a man's cursing his parents.' The people who were present
wondered how a sane and believing individual could curse his own parents,
and enquired, 'How is it possible for a man to curse his own parents?'
The Prophet (peace be on him) replied, 'He insults another man's father,
and then the other insults his father, and he insults the other's mother,
and the other returns the insult to his mother.' (Reported by al-Bukhari
and Muslim.)
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The
Parent's Consent for Jihad
Pleasing one's
parents is considered so important in Islam that the son is forbidden to
volunteer for jihad without his parent's permission, in spite of
the fact that fighting in the cause of Allah (jihad fi sabeel Allah)
has
such great merit in Islam that the merit of a person who spends his nights
in prayer and his days in fasting falls short of it.
Narrated 'Abdullah
bin 'Amr bin al-'As, A man came to the Prophet (peace be on him) and
asked his permission to go for jihad. The Prophet (peace be on him)
asked, 'Are your parents living?' 'Yes,' he replied. The Prophet (peace
be on him) then said, 'Then strive in their service,' (Reported by
al-Bukhari and Muslim.) meaning that taking care of parents is a greater
obligation than '`had in the cause of Allah.
'Abdullah also
narrated, A man came to the Prophet (peace be on him) and said, 'I take
the oath of allegiance to you for hijrah (emigration to Medinah)
and jihad, seeking reward from Allah.' The Prophet (peace be on
him) enquired whether either of his parents were living. On his replying
that both of them were, the Prophet (peace be on him) said, 'Are you (really)
seeking reward from Allah?' 'Yes,' the man said. The Prophet (peace be
on him) then said, 'Go back to your parents and be a good companion to
them.'(Reported by Muslim.)
'Abdullah
further narrated, A man came to the Prophet (peace be on him) and said,
'I have come to swear allegiance to you for hijrah, and I have left
my parents weeping.' The Prophet (peace be on him) said to him, 'Return
to them and make them laugh as you made them weep.' (Reported by al-Bukhari
and others.)
Abu Sa'id reported
that A man from Yemen migrated to Madinah to be with the Prophet (peace
be on him). The Prophet (peace be on him) asked him, 'Do you have any relatives
in Yemen?' He answered, 'My parents.' 'Did you get their permission?' the
Prophet (peace be on him) asked. On his replying that he did not, the Prophet
(peace be on him) told him, 'Go back to them and ask their permission.
If they agree to it, go on jihad. Otherwise stay and serve them.'
(Reported by Abu Daoud.)
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Non-Muslim
Parents
It is one of
the beauties of Islam that, with respect to the treatment of parents, it
forbids the Muslim to be disrespectful to them even if they should be non-Muslims
who are fanatical to the point of arguing with him and putting pressure
on him to renounce Islam. Says Allah Ta'ala: ...Be grateful to Me and
to thy parents; to Me is (the final) goal. But if they strive to compel
thee to associate with Me that of which thou hast no knowledge, do not
obey them; but keep company with them in this life in a kind manner and
follow the way of those who turn to Me. Then to Me will be your return
and I will inform you (of the meaning of) all that you did. (31:14-15)
In these two
verses the Muslim is commanded not to obey his parents in what they try
to tell him to do in this regard, since there cannot be obedience to a
creature in sin against the Creator—and what sin could be greater than
associating partners with Allah? At the same time, he is commanded to treat
them honorably in this world, unaffected by their stand against his faith,
and to follow the path of those righteous Believers who turn to Allah and
to leave the judgement between himself and his parents to the Most Just
of Judges, on a Day when the parents will not be able to benefit the child
nor the child the parent. Indeed, such tolerant and beneficent teachings
are not to be found in any other religion.
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