Articles

The Rights of Daughters in Islam
Author : Dr. Mufti Lo`ai Somay`at
Date Added : 03-11-2024

 

All praise is due to Allah, and peace and blessings be upon the Messenger of Allah, his family, his companions, and those who follow them in righteousness.

Islam has elevated the status of all human beings, as Allah Says (What means): "And indeed We have honored the children of Adam and carried them on the land and the sea, and provided them with good things, and preferred them over many of those whom We have created with a great preference." [Al-Isra/70]. This honor encompasses both men and women. This came after some Arabs viewed women as a disgrace to be gotten rid of. Allah Says (What means): "And when one of them is given the news of (the birth of) a female, his face darkens, and he is filled with sorrow. He hides himself from his people because of the bad news he has been given. Shall he keep her, living in humiliation, or bury her in the dust? Unclean is what they decide." [An-Nahl/58-59].

After the darkness of ignorance, the light of Islam came to give women their full rights, simply because they are noble human beings in the sight of Allah. Islam urges fathers to give their daughters their full rights and promises them three great rewards: first, that Allah will protect them from Hellfire. Second, that He will gather them with the beloved Prophet Muhammad, peace be upon him, on the Day of Judgment. Third that He will admit them to Paradise where they will be companions of the beloved Prophet Muhammad, peace be upon him. What a greater honor could there be?

These rights can be summarized as follows:

First: A father should choose a righteous mother for his child (male or female) which is only possible when a man selects a pious wife for himself. The Prophet Muhammad (PBUH) said: "A woman is married for four things: her wealth, her family status, her beauty and her religion. So you should marry the religious woman (otherwise) you will be a loser." [Agreed upon]. A religious woman is righteous, and will strive to raise her daughter in a righteous manner, resulting in a generation of pious women and thus a virtuous society.

Second: A father should protect his daughter from Satan by supplicating for her even before her existence. The Prophet Muhammad (PBUH) said: "If anyone of you, when intending to have a sexual intercourse with his wife, says: "Bismillah, Allahumma jannibna-sh-shaitan, wa jannibi-sh-shaitan ma razaqtana," and if the couple are destined to have a child (out of that very sexual relation), then Satan will never be able to harm that child." [Agreed upon].

Third: A father should care for her immediately after birth by performing the prophetic traditions associated with it, such as:

• Calling the Adhan (call to prayer) in her right ear and the Iqama (call to commence prayer) in her left ear. As Zakaria Al-Ansari said: "The Adhan is called in the newborn’s right ear, and the Iqama in the left" [Asna Al-Matalib/ Vol.1/P.125].

• Performing Tahnik (placing a small amount of chewed date in the newborn's mouth). Anas (may Allah be pleased with him) narrated: "I took 'Abdullah b. Abi Talha Ansari to Allah's Messenger (PBUH) at the time of his birth. Allah's Messenger (PBUH) was at that time wearing a woolen cloak and besmearing the camels with tar. He said: Have you got with you the dates? I said: Yes. He took hold of the dates and put them in his mouth and softened them, then opened the mouth of the infant and put that in it and the child began to lick it. Thereupon Allah's Messenger (PBUH) said: "The Ansar have a liking for the dates, and he (the Holy Prophet) gave him the name of 'Abdullah." [Sahih Moslim/Vol.3/pp.1689].

• Giving her a good name, as the Prophet Muhammad (PBUH) would change negative names to positive ones. Ibn Umar (may Allah be pleased with them) narrated that a daughter of Umar was named 'Asiya (Disobedient), so the Prophet named her Jamila (Beautiful) instead." [Sunan Ibn Majah/Vol.2/P.1230].

• Offering a sacrifice (Aqiqah) on her behalf. Aisha (may Allah be pleased with her) reported that the Messenger of Allah (peace be upon him) said: "Two sheep for a boy, and one sheep for a girl" [Musnad Ahmad/Vol.40/P.30]. Further, it is mentioned: "It is recommended to cook it as with other celebratory feasts and to cook it with something sweet as a symbol of the newborn's sweet character." [Mughni Al-Muhtaj/Vol.6/P.140].

Fourth: A father should raise and educate his daughter well, teaching her the worship of her Lord. He should instruct her in the fundamentals of monotheism and Islamic law, especially regarding prayer and fasting. Aisha, the wife of the Prophet (PBUH), narrated: "A woman came to me with her two daughters. She asked me for something, but I had nothing except one date, which I gave her. She took it and divided it between her daughters without eating any of it herself, then she stood up and left with her daughters. The Prophet (PBUH) entered and I told him about her story. He said: "Whoever is tested with daughters and treats them kindly, they will be a shield for him from the Hellfire." [Agreed upon]. The Prophet (PBUH) also said: "Command your children to pray when they are seven years old, and if they do not pray, beat them for it when they reach ten, and separate them in their beds." [Sunan Abu Dawood/ Vol.1/P.133].

Al-Imam An-Nawawi stated: "Al-Shafi'ee and his fellow scholars, may Allah have mercy on them, said: "It is the duty of fathers and mothers to teach their young children what they will need to know after reaching puberty." The guardian should teach them purification, prayer, fasting, and similar matters, as well as the prohibitions against fornication, sodomy, theft, drinking intoxicants, lying, backbiting, and the like. They should be made aware that upon reaching puberty, they become accountable for their actions, and they should know the requirements of this accountability. It is said that this education is recommended, but the correct view is that it is obligatory, as indicated by the text. Just as a guardian is required to oversee a child’s wealth, it is even more important to oversee their education. What is recommended is additional instruction in the Quran, Islamic jurisprudence, and ethics, and to teach them what will help them in their livelihood.

The evidence for the obligation to educate young children and dependents is Allah's Saying (What means): "O you who have believed, protect yourselves and your families from a Fire." [At-Tahrim/6]. Ali Ibn Abi Talib (may Allah be pleased with him) and Mujahid and Qatadah interpreted this to mean: "Teach them what will save them from the Fire." This is clear and it is also established in the two Sahihs from Ibn Umar (may Allah be pleased with them) that the Messenger of Allah (PBUH) said: "All of you are guardians, and each of you is responsible for his subjects." [Agreed upon]. The cost of education in the first type is to be taken from the child’s wealth, and if they do not have any wealth, it falls upon whoever is responsible to provide for them." [Al-Majmuoa'/Vol.1/P.26].

Fifth: A father should provide for his daughter's food, drink, clothing, and housing until she reaches maturity and gets married. He earns great rewards for this, as the Prophet (PBUH) said: "Whoever takes care of two girls until they reach adulthood, he and I will be together on the Day of Resurrection." and he joined his fingers together [Sahih Muslim/Vol.4/P.2027]. In another narration, he said: "Whoever takes care of two girls will enter Paradise with me like this." indicating with his fingers [Sunan Al-Tirmidhi/Vol. 4/P.319]. This means that he will be gathered with the Prophet (PBUH) on the Day of Judgment and will be his companion in Paradise, which is a great honor!

Sixth: The father should allow his daughter to learn and obtain a formal education so that she becomes an educated and beneficial person for her family and community. This aligns with the saying of the Prophet (PBUH): "Seeking knowledge is an obligation upon every Muslim." [Sunan Ibn Majah/Vol.1/P.81].

It should be noted that the daughter must adhere to her religion and morals in her conduct, especially when leaving her father's house, ensuring that she dresses modestly and adorns herself appropriately. Allah Says (What means): "And do not display yourselves like [the display of] the former times of ignorance." [Al-Ahzab/33].

Seventh: A daughter has the right to own what she earns from her work or what is given to her. Allah Says (What means): "And for women is a share of what they have earned" [An-Nisa/32]. She also has the right to her dowry, as Allah Says (What means): "And give the women [upon marriage] their due compensation with a good heart. But if they give up willingly anything of it, then take it in satisfaction and ease" [An-Nisa/24]. Her father has no right to take any of her money except with her consent. The Prophet (PBUH) said: "It is not lawful for the property of a Muslim to be taken except with his good pleasure." [Musnad Ahmad/Vol.34/P.299].

Eighth: The father should strive to marry off his daughter, and he earns great rewards for doing so. The Prophet (PBUH) said: "Whoever raises three daughters, educates them, marries them off, and treats them well will enter Paradise" [Sunan Abu Dawood/Vol.7/P.459]. He should marry her to a man of good faith and character, as the Prophet (PBUH) said: "If a suitor whose religion and character you approve of comes to you, then marry him. If you do not, there will be Fitnah (trial) in the land and great corruption." [Sunan Al-Tirmidhi/Vol.3/P.387].

The father is required to inquire about the suitor for his daughter and to ask trustworthy people about his religious commitment and character. If they testify to his good faith and character, he should marry her to him; otherwise, it is not permissible to marry her to a corrupt person who does not fear Allah. The father should ask about the suitor's religious commitment and character before inquiring about his job or whether he can afford a residence of his own. It is not permissible for the father to prevent his daughter from her right to marry for any reason, whether due to greed for her wealth, his own misguided thoughts, or bad habits, as Allah Says (What means): "And do not prevent them from marrying their husbands." [Al-Baqarah/232].

In addition, our jurists stated: "If a daughter desires to marry a specific suitor and her father wants to marry her to someone else among her equals, while refusing to marry her to the one she wants, then he is preventing her. However, if she seeks to marry someone who is not her equal, he is allowed to prevent her from that, and he would not be considered a preventer in this case; because if she were to be married to someone who is not her equal, he would have the right to annul the marriage. Therefore, it is preferable to prevent her from that at the outset." [Al-Mughni by Ibn Qudamah/Vol.7/P.31]. This is because such a decision would bring about harm to her, and it is the instinct that Allah has created in humans, which calls for and demands its rights. Woe to those who deny her the rights that Allah has ordained for her.

In conclusion, daughters are the treasure of the community, as they say, and fathers must be patient and give each one their due rights in order to earn the rewards and goodness, and to avert from themselves any harm and evil. And all praise be to Allah, The Lord of The Worlds.

In conclusion, as the saying goes, daughters are a source of worry. Therefore, fathers must be patient and give everyone their due rights so that they may earn their reward and goodness, and protect themselves from harm and evil. Our last supplication is all praise is due to Allah, The Lord of The Worlds.

 

 

 

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

Is it permissible to give the expiation due on the vow of anger to one person?

The expiation for the vow of anger-and that of the oath-is to be given to (10) needy persons, or a needy family of ten individuals, but giving it to one person is impermissible.

I have a question regarding the deferred portion of the dowry (Mahr)*. Is the wife entitled to it only upon divorce or she can claim it even if divorce hasn`t taken place? Moreover, does she have the right to claim this portion after death of husband, even if he didn`t divorce her before that?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
In the marriage contract, it is recorded that the deferred portion of the dowry is due upon divorce or death, whatever comes first. If divorce took place first then the woman is entitled to it and if the husband died this amount must be paid from his estate. On the other hand, if the woman died then the husband becomes liable for this portion and it becomes part of the woman`s estate. We advise every husband to give this portion to his wife while alive because it is a right of hers. And Allah The Almighty Knows Best.
* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.

Is it permissible for a woman in her waiting period (Iddah) after her husband's death to leave her house and mix with non-Mahrams?

It is not permissible for a woman in her waiting period (Iddah) after the death of her husband to leave her house except for a necessity, such as for medical treatment, nor is she allowed to mix with non-Mahrams. A woman is not permitted to mix with anyone other than her husband or Mahrams, whether she is in her waiting period or not. However, there is no harm in accepting condolences from those who visit and responding to their inquiries about her well-being. And Allah Knows Best.

Is it permissible to recite the Holy Qur'an or to play a recording at mourning gatherings? Or is it considered an innovation?

Whenever Qur'anic verses are recited, it is obligatory upon everyone to listen, otherwise; they should remain silent. And Allah Knows Best.