INFANTS: The Religion of Children in Islamic Law 🧸
Comprehensive Definition
In Islamic jurisprudence, the principle that dictates the religion of an infant, particularly in cases where the parents are of different faiths, emphasizes the precedence of Islamic faith over others. This principle is established on the grounds of creating a uniform religious upbringing that aligns with the predominance of one parent’s faith, typically that of the Muḥammadan parent when contrasted with other religions such as Christianity or Judaism.
Etymology
The term “infant” is derived from the Latin ‘infans,’ meaning “unable to speak.” In the context of Islamic law, an infant refers to a child who is not yet capable of understanding and expressing religious doctrines.
Background
Historically, Islamic scholars have relied on key texts such as the Hidāyah and Sharīfīyah for legal guidance on issues ranging from inheritance to religious upbringing. In case of mixed-faith marriages, where one parent is Muslim and the other belongs to a different faith, the infant is typically classified as a Muḥammadan. This stems from the legal principle that when reasons are balanced, the inclination is towards Islam.
Cultural Differences and Similarities
- Islam: Emphasizes the superiority of Islamic faith when determining religious upbringing in mixed-faith marriages.
- Christianity: Practices like baptism may be crucial in claiming the child for a particular faith.
- Judaism: A child’s religion can be matrilineal, i.e., transmitted through the mother, especially in Orthodox and Conservative Judaism.
Despite these differences, all three religions acknowledge the significant influence parents own regarding their offspring’s religious upbringing.
Synonyms and Antonyms
- Synonyms: Child religion, Offspring faith, Children upbringing in faith.
- Antonyms: Autonomous religion choice (immediately by the child).
Related Terms
- Hidāyah: A classical manual of Hanafi jurisprudence written by Burhanuddin al-Marghinani.
- Definition: Provides comprehensive coverage on Islamic Law, including family law.
- Sharia: Islamic canonical law.
- Definition: Forms the fundamental religious concept of Islam, encompassing various aspects such as the criminal and civil code.
- Fitrah: The natural disposition.
- Definition: Initially pureness and inclination towards Islam according to Islamic beliefs.
Exciting Facts
- The Hidāyah is one of the most authoritative texts in Hanafi Fiqh and is often referenced for contemporary legal decisions.
- Islamic jurisprudence sees all children as born in a state of Fitrah (innate inclination toward monotheism).
Quotations from Notable Writers
- “The child is not yet capable of choosing their own religious pathway, thus it is upon the guardians to guide them correctly,” — Burhanuddin al-Marghinani, Hidāyah.
References and Suggested Literature
- The Hedaya (translated by Charles Hamilton) – Explore a classic manual of Hanafi jurisprudence from which much of these principles are derived.
- Ibn Hazm’s Al-Muhalla – Confirms similar principles albeit from a Zahiri Jurisprudence perspective.
- Joseph Schacht’s An Introduction to Islamic Law – Provides a beginner-friendly approach to understanding the development and application of Islamic Law.
Farewell Thought: Embrace the diversities of faith within your family with a spirit of mutual respect and a shared devotion to personal growth and enlightenment. Where opinions diverge, let mutual love lead the way.
By: Dr. Faisal Al-Salami—Published on October 3, 2023
