This article is written by Mr. Rutvij Vyas, a Second year student of Faculty of Law at GLS University, Ahmedabad 

This comprehensive article delves into the multifaceted rights accorded to children under Islamic law, presenting a thorough examination of the specific and detailed norms governing child upbringing within the Islamic framework. Beginning with an exploration of the intricate relationship between children and faith, the article unfolds the developmental trajectory of a child in Islam, shedding light on the nuanced facets of this process. A significant focus of the article is dedicated to the delicate issue of child custody in the event of divorce or separation. Islamic law’s nuanced approach to this matter is explored, providing insights into the principles and considerations that guide decisions regarding the custody of children in such challenging circumstances. Furthermore, the article delves into the crucial aspect of the maintenance of a child by the individual to whom they are dependent, elucidating the responsibilities and obligations enshrined in Islamic law to ensure the well-being and financial security of the child. In a comparative analysis, the article highlights key distinctions between Muslim law and other personal laws, underscoring the unique features and considerations that set Islamic legal principles apart in matters pertaining to children. This comparative exploration serves to illuminate the distinctive approaches and safeguards inherent in Islamic law, contributing to a nuanced understanding of its implications for children’s rights. The article does not merely provide a descriptive analysis but actively engages with the imperative for reforms in personal laws, offering insightful suggestions to address contemporary challenges and emerging perspectives. It underscores the evolving nature of children’s rights in Islam, acknowledging the need for adaptability and responsiveness to societal changes.

Muslim law is also known as Sharia law, it is to be called as originated by the Divine and not a man-made laws. Islam signifies to the will of god. Muslim law applies to Muslims by religion or by birth. The concept of child right in Islam includes the intricating perspectives of child development, the duties of child towards their parents. This article explores the rights of Children under Islamic law. Islamic law lays down the specified and detailed norms related with child upbringing, starting with the relation of children and faith, development of child in Islam, rights of child at marriage, A critical aspect of the discourse pertains to the rights of children in the context of marriage, emphasizing the unique considerations and safeguards embedded in Islamic law to ensure the well-being and equitable treatment of children within the matrimonial framework. 

Definition of child as per Islamic law:- As per Indian majority act of 1875, the age of majority is 18 years, however as per sharia law, the marriage can be solemnize when the parties have attained puberty, which generally means as the age of 15. Islamic law, which is derived from the Quran and fiqh (jurisprudence), provides guidance on various aspects of children’s rights.

Some key principles include:

• The obligation of a father or guardian to recite the call to prayer in the right ear and the recitation of iqomah in the left ear of the child, aiming to introduce the values of monotheism to children.
• The recognition of human rights in modern constitutions, charters, and international treaties as embedded in the religion of Islam, including respect for life, privacy, freedom, equality, property, and religious belief.
• The clear rights and obligations for children from interfaith marriages under Islamic law, which can sometimes lead to challenges and conflicts.
• The perceived incongruence between Western understandings of children’s rights, as outlined in the UNCRC, and Islamic perspectives, leading to the prioritization of Islamic principles in some cases, such as in the legal system of Saudi Arabia.

It is important to understand these principles within the context of Islamic law, as they form the basis for addressing the rights and responsibilities of children in Islamic societies. Fiqh interpretations of children’s rights in Islam vary among different schools of thought and scholars. However, there are some common themes and principles that can be identified in the everyday life of Muslim child. In Islamic law, children have the right to receive education and guidance in Islamic teachings. They should be taught the Quran, the fundamentals of Islam, and moral values from a young age. Additionally, parents are responsible for providing their children with a good upbringing and education that includes both religious and secular knowledge.

Islamic law recognizes the importance of protecting children from abuse, neglect, and exploitation. Children have the right to be safeguarded from any form of harm or mistreatment, including physical, emotional, and sexual abuse. They also have the right to be protected from neglect and exploitation, such as child labour or forced marriage. Islamic law emphasizes the importance of protecting children from abuse, neglect, and exploitation. In Muslim countries, the implementation of child rights may vary depending on cultural and societal factors. In some cases, conflicts may arise between international standards of children’s rights and the interpretation and implementation of Islamic law. In such cases, Islamic principles are often given precedence, leading to variations in the implementation of children’s rights within Islamic countries. However, it is important to note that in recent years, there has been a growing recognition and movement towards the universal rights of the child within Islamic countries.

In the Quran, three levels of child development is prescribed, till the age of seven, a child should be given liberty and freedom to explore the environment, with little or no interference of parent. As per Quran, mother plays a vital role in development of child in early ages and should be responsible for building emotional fundamentals. From next seven years, a child should be taught rational approach and things which are right or wrong. From the age of 14 to 21, the child should have friendly and deep emotional connection with parents.

Rights of children in Marriage:- One of the most fundamental essential of valid Muslim marriage is the age of puberty, the parties should have attained puberty to enter into marital relations. In the case of Adam Vs. Mohammed, 1990 1 KLT 705, the Kerala High Court held that where the girl’s father had given his consent, and the daughter had withheld hers, no valid marriage had taken place. In case where there are no proof of puberty attained, the age of 15 becomes the age of puberty. From the beginning of a child’s birth into the world, Islamic law emphasizes the rights and well-being of children. According to the Quran and Islamic teachings, children are seen as a trust from God and have certain rights that must be protected and respected. These rights include the right to love, care, and protection from their parents, the right to education and guidance in Islamic teachings, and the right to protection from neglect and abuse.

Islam, recognises the “fostering” of child as, assuming partial or complete responsibility of a child in lieu of the biological parents, also fostering is also recommended as “partial adoption” and it is similar to “open adoption”. Islam has viewed adoption as a source of potential problems, such as accidentally marrying one’s sibling.

The concept of succession rights for Muslim children is an important aspect to consider. Islamic law, also known as Sharia law, provides guidelines and principles for the distribution of inheritance among family members. Under Islamic law, the succession right of a Muslim child is determined by a set of rules and principles that aim to ensure fairness and justice in the distribution of inheritance. These rules take into account the child’s relationship to the deceased, their gender, and the presence of other eligible heirs. For example, in cases where there are no other eligible heirs, a Muslim child may have the right to inherit a portion of the deceased’s estate. However, if there are other eligible heirs such as parents or siblings, the child’s share may be adjusted accordingly. It is important to note that these succession rights are based on the principles of Islamic law and may vary depending on the specific circumstances and interpretations of the law.

The context of child custody under Islamic law, the rights of a Muslim child are carefully considered and protected. Islamic law recognizes the importance of maintaining the best interests of the child and ensuring their well-being. When it comes to child custody, Islamic law takes into account various factors such as the child’s age, gender, and the ability of each parent to provide a suitable environment for the child’s upbringing. 2. Under Islamic law, the rights of a Muslim child in the case of child custody are based on the principle of prioritizing the child’s welfare. The child’s best interests are of utmost importance, and the court will consider factors such as the child’s age, gender, and the ability of each parent to provide a nurturing and stable environment. Islamic law also recognizes the importance of maintaining the child’s relationship with both parents, unless there are valid reasons to restrict or deny access. Overall, the rights of a Muslim child under Islamic law in the case of child custody are aimed at ensuring their well-being and providing them with a loving and supportive environment for their upbringing.

Islamic law recognizes and upholds the educational and academic rights of Muslim children, ensuring that they receive a comprehensive and well-rounded education. These rights are rooted in the belief that education is a fundamental aspect of a child’s development and that every child has the right to access knowledge and learning opportunities. Islamic law emphasizes the importance of education for both boys and girls, promoting equal educational opportunities for all Muslim children. Under Islamic law, the educational and academic rights of Muslim children are protected and prioritized. Islamic teachings emphasize the pursuit of knowledge and the importance of education in shaping individuals and societies. Muslim children have the right to receive an education that is in line with Islamic principles and values, ensuring that they are equipped with the necessary knowledge and skills to lead a fulfilling and purposeful life. Islamic law also recognizes the importance of providing a safe and nurturing learning environment for Muslim children, where they can thrive academically and morally.

Conclusion

In conclusion, it is important to reflect on the rights of Muslim children under Islamic law. The Islamic legal framework recognizes the significance of safeguarding the rights and well-being of children, emphasizing their protection, care, and education. Islamic law places great emphasis on the family unit and the responsibilities of parents towards their children. Under Islamic law, Muslim children have the right to be raised in a nurturing and loving environment, where their physical, emotional, and spiritual needs are met. They have the right to receive proper education and guidance, ensuring their intellectual and moral development. Additionally, Islamic law emphasizes the importance of preserving the child’s identity and cultural heritage, allowing them to practice their religious beliefs and customs. In conclusion, Islamic law acknowledges the rights of Muslim children and provides a comprehensive framework for their protection and well-being. It emphasizes the importance of a supportive family environment, education, and the preservation of their cultural and religious identity. By recognizing and upholding these rights, Islamic law aims to ensure the holistic development and welfare of Muslim children.

References

1. Family law, Dr Paras Diwan,978-93-95759-10-6,13th Edn.
2. Muslim Law in India And abroad, Tahir Mohammed, 9789350356975, second edn.
3. Outlines of Muhammadan law, Asaf A. A. Fyzee.978-0-19-564814, 9th edition 
4. The Muhammadan Law, Sircar Shama Churun, 1875
5. Adam Vs. Mohammed, 1990 1 KLT 705
6. This article was originally written by- Kali Robinson published on Council on foreign relations. The link for the same is herein. https://www.cfr.org/backgrounder/understanding-sharia-intersection-islam-and-law  
7. The Shariat Application act, 1937
8. Yousuf Rawther vs Sowramma 1971 AIR Ker 261