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Topic: Criticising Islam for Neglect in Children’s Rights, Education, and Upbringing

(No-33535)

Q I understand that Sharia was revealed with justice and facilitation in mind, but what concerns me is that this facilitation is often applied only in favor of the parents, while the child alone bears the consequences of neglect or injustice. How can it be said that Sharia is based on alleviating hardship and justice, yet it allows children to be born into crowded and neglected environments that deprive them of quiet education, healthcare, and basic human dignity, and the common answer is simply “they will be rewarded,” instead of preventing harm at its source?
If Sharia requires financial and psychological ability before marriage and polygyny to protect the rights of the wife, who has the right to accept or refuse, why isn’t the same ability required before childbirth to protect the rights of the child, the weakest party who has no choice?
Millions of children in our Islamic communities live in overcrowded conditions, with all siblings in the same room, while studies clearly show that a child needs a private space and quiet to study, sleep, rest, or learn. Many suffer from poor education, malnutrition, and inadequate healthcare, while parents often desired a large family without considering their actual ability to provide proper upbringing, financial support, or religious guidance. Children are expected to bear this and “be patient,” yet in other matters Sharia does not accept mere effort; ability must be demonstrated.
When citing the verse, “We provide for them and you,” it is clear that it does not mean that living space automatically increases with every additional child; rather, everyone will continue to live in overcrowding.
My direct question: Why isn’t it among the objectives of contemporary Sharia to establish legal or jurisprudential guidelines before childbirth, at least regarding adequate housing, education, and healthcare, as similar conditions are set before marriage to protect both parties?
I am seeking a clear jurisprudential answer with evidence and objectives, not general statements about reliance on God or the virtue of having many children, because my question concerns the justice of Sharia toward children in the modern reality, not the merits of offspring or predestination.

aIt should be clearly understood that Islam is a universal religion, and every one of its rulings is founded upon justice. However, one of the greatest tragedies of our time is that many people, instead of understanding Islamic rulings in their full and proper detail, look at a single issue briefly and then attempt to judge and challenge it based on their limited understanding and lack of knowledge. This attitude is very unfortunate and reasonable.
The matters mentioned in the question regarding children’s rights, education, and upbringing also stem from a lack of proper awareness of Islamic teachings concerning the rights of children. In reality, Islam has presented such a comprehensive and excellent system for children’s rights, education, and moral upbringing that, if implemented, a child would become successful both in this life and in the Hereafter.
In this regard, a brief yet comprehensive Hadith recorded in “Mishkāt ul-Maṣābīḥ” beautifully outlines this responsibility. The Messenger of Allah ﷺ said:
“Whoever is blessed with a child, it is his responsibility to give the child a good name, teach him proper manners (that is, educate and train him in Islamic rulings, social conduct, and the best ways of living so that he may succeed in this world and the Hereafter), and when he reaches puberty, arrange his marriage.”
(Mishkāt al-Maṣābīḥ, Hadith no. 3137)
Reflecting upon the meaning of this Hadith makes it clear that after the birth of a child, Islam places the responsibility of his upbringing, education, and the provision of a healthy and positive environment and correct guidance upon the parents. Therefore, criticising Islam for the neglect regarding children’s rights found in certain cultures, societies, or regions that are associated with Islam in name only, instead of gaining proper knowledge of Islamic teachings, is a clear injustice.
In any case, only one Hadith has been cited here concerning children’s rights and their education and upbringing. Otherwise, if the Islamic teachings on this subject are studied in detail, one would be astonished at the depth and precision with which Islam has safeguarded the rights of children.

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الدلائل:

القرآن الکریم: ( التحریم، الآیة: 6)
یَٰۤأَیُّهَا ٱلَّذِینَ ءَامَنُوا۟ قُوۤا۟ أَنفُسَكُمۡ وَأَهۡلِیكُمۡ نَارࣰا وَقُودُهَا ٱلنَّاسُ وَٱلۡحِجَارَةُ عَلَیۡهَا مَلَٰۤىِٕكَةٌ غِلَاظࣱ شِدَادࣱ لَّا یَعۡصُونَ ٱللَّهَ مَاۤ أَمَرَهُمۡ

مشكاة المصابيح: (باب الولی فی النکاح واستئذان المراة، الفصل الثالث، رقم الحدیث: 3137، ط: المكتبة البشریٰ)
وعن أبي سعيد وابن عباس قالا: قال رسول الله صلى الله عليه وسلم: «من ولد له ولد فليحسن اسمه وأدبه فإذا بلغ فليزوجه فإن بلغ ولم يزوجه فأصاب إثما فإنما إثمه على أبيه.


Allah the Almighty knows best.
Darul Ifta Al-Ikhlas, Karachi.

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