Definition
In Sunnī law, the term ‘father’ encompasses more than just a biological relationship; it implies certain legal and ethical responsibilities and rights, especially concerning matters of inheritance, qiṣāṣ (retaliation), and testimony.
Share in Inheritance
In the Sunnī legal framework of inheritance, a father’s role is clearly defined. He is considered a sharer, entitled to one-sixth of his son or grandson’s property. Notably, if the son dies without an heir, the father takes the whole estate as a residuary.
Specific Legal Stipulations
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Qiṣāṣ: The principle of retaliation does not apply if the father takes the life of his son. Based on a Hadith by the Prophet Muhammad (PBUH), retaliation for the death of a child is not to be exacted upon the parent. Abū Ḥanīfah elaborates that since the parent is the cause of the child’s existence, it’s inappropriate for the child to catalyze, or be the reason for, the parent’s death.
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Testimony: A father’s testimony for or against his child is generally not admissible in a court of law.
Etymology and Cultural Background
The term ‘father’ in Arabic is “أَب” (ab). The concept of fatherhood transcends parenting duties to incorporate social and legal responsibilities. In many Islamic cultures, fathers hold positions of authority and caregiving, balancing duties in legal obligations including inheritance law and judicial testimony.
Cultural Similarities and Differences
Muslim communities universally uphold these principles, though individual cultural contexts may introduce variations in practice. However, in non-Muslim cultural contexts, the legal and ethical considerations could differ significantly.
Synonyms and Related Terms
- Walid (والِد): Another Arabic term for father, often emphasizing the genealogical aspect.
- Guardian (وَصِي / وصي): A broader term that can also encompass the role of a father, especially in legal matters.
- Parent (وَالِدَان / والدان): General term for both mother and father.
Antonyms
- Child: ‘Ibn’ (ابن) for son, ‘Bint’ (بنت) for daughter. In hierarchy, children have different legal rights and responsibilities.
Related Terms
- Qiṣāṣ (قِصَاص): Legal retributive justice in Islam.
- Fourth Class Heir: A classification under Islamic law where inheritance shares vary based on relational hierarchy.
Exciting Facts
- Not Executed: A father who commits or is involved in his child’s death does not receive the death penalty due to the aforementioned Hadith.
Notable Quotations
“And fear not of being just with your children, for the requirement lies with the parents as givers of life and love.” - Imam Al-Ghazali
Suggested Literature
- Inheritance and Devotion in Islamic Law, by Zayd Ibn Munther, explores the inheritance laws and ethical considerations in Islamic jurisprudence.
- The Doctrine of Qiṣāṣ in Islamic Law, by Fatima Yusuf, provides an in-depth analysis of the principles of retaliation in Islam.
- Fathers in Islam: Roles and Responsibilities, edited by Aisha Rahman, dives into the multifaceted roles fathers play within the Islamic tradition.
References
- The Holy Qurʾān
- The Sunnah and Hadith Collections
- Islamic Jurisprudence: Sunnī Law Simplified, by Dr. Omar Khalid
Quizzes
By exploring the provisions, stipulations, and cultural contexts provided in Islamic jurisprudence, we gain a deeper appreciation of how the relationship between father and child is legally framed and ethically navigated. Discover these intriguing facets with curiosity and reflect upon their profound implications today and throughout history.
Inspired thoughts and key facets of Islamic Law strive to showcase divine wisdom and balance within its social and legal frameworks.
Hassan Al-Tamimi, 2023-10-03
