One of the most controversial contemporary issues that has been the center of attention among intellectuals and moralists is the issue of human rights, as it is one of the most important values to which humanity aspires.
It is also an extremely important issue due to the terrible violations and crimes against humanity and against human rights that are guaranteed and respected by legislation and religion alike.
All the principles and teachings of Islam confirm and lay stress on the respect for human beings and human dignity, justice and freedom. In the Quran, you can find all the main ideas of the human rights, including the rights of children.
Under Islam, the child enjoys a number of rights even before his birth.
The pre-birth rights of the child under Islam:
The first right: Choosing a good spouse
Choosing a righteous and good spouse is one of the child’s rights under Islam; in the following points, we will refer to the most important foundations of this choice:
1- The woman should choose a righteous and well-mannered man, as the Prophet, , said: “If a man, who satisfies you in terms of religiousness and character comes to you, marry him off (from women under your guardianship). If you do not, you will create temptation on the earth and widespread corruption.” [At-Tirmithi]
2- Islam recommends considering some qualities when choosing one’s wife, because they help in maintaining love and continuity of the matrimonial relationship. These qualities include the following:
- Fertility: The Prophet, , said: “Marry the affectionate and fertile woman because I shall boost of your multitude on the Day of Judgment." [Abu Daawood]
- Righteousness: Ibn ‘Umar, may Allah be pleased, with him, reported that the Prophet, , said: “The world is but (a quick passing) enjoyment; and the best enjoyment of the world is a righteous woman.” [Muslim]
If we consider these Islamic recommendations and injunctions, we would realize how Islam takes care of the upbringing of the child from his birth due to the great influence of this issue in creating a house full of love and sincerity. Such a house will produce strong, intelligent, and righteous children. This also shows us that Islam has preceded modern educational theories that confirm that the child’s upbringing starts from the time of his birth.
The second right: The Mother’s duty to care for the fetus
The Islamic Sharee‘ah guides us to the most important things that every husband and wife should consider when choosing each other in order to have righteous offspring, preserve the human race and maintain the construction of earth. Islam also postulates the rules and foundations that protect this offspring from conception to childbirth and ensure that the child will be strong and healthy when he enters this world.
The protection of the fetus under the Sharee‘ah comprises a set of principles:
1- Directing the parents to take all the necessary precautions and preparations to protect the child and immunize him against the whispers of the devils upon placing the sperm in the uterus. The Prophet, , said: "If anyone intends to have sexual intercourse with his wife, he should say, ‘Bismillaah! Allahumma jannibn Ash-Shaytan, wa jannib Ash-Shaytan ma razaqtana (In the Name of Allah, O Allah! Keep us away from the devil and keep the devil away from what You have bestowed upon us)', and if Allah has ordained a child for them, the devil will never harm him.'' [Al-Bukhari]
2- The Sharee‘ah also allows the pregnant woman not to fast during the month of Ramadan to avoid any harm that may affect the health of the baby. The Prophet, , said: “Allah The Almighty has reduced the prayer for the traveller to a half and has removed the burden of fasting from a pregnant and breast-feeding woman. By Allah, the Prophet said both sentences or at least one of them.” [At-Tirmithi] Likewise, the woman should eat nutritious food and all the necessary nutrients for the fetus to grow and be healthy.
3- The Sharee‘ah also postpones the execution of the prescribed penalty for adultery against a pregnant woman until she delivers her baby in order to protect her baby and save his life. Therefore, scholars unanimously agreed that Qasaas (retribution) against the pregnant woman must be postponed until delivery. This ruling applies whether she was pregnant upon committing the crime or conceived after that, and whether the Qasaas is regarding souls or the physical body. All these precautions and rulings aim at protecting the vulnerable fetus in her womb.
4- The Sharee‘ah also states that the fetus has a partial legal competence. For example, Islamic jurists agreed that the fetus has a share in inheritance if he is born alive. Therefore, the distribution of the inheritance must be postponed until delivery of the baby to know whether he is a male or female, and whether the offspring are one or more. This applies if the fetus is the only heir or if there are other heirs who will have no share in the inheritance if he is born alive.