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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.

 

 

 

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Summarized Fatawaa

How is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.

What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.
Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]
The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.
Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]
Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

Does tooth extraction during the day in Ramadan break the fast?

Simply extracting a tooth during the day in Ramadan does not break the fast. However, if water or blood enters the body cavity, the fast becomes invalid.
Whoever's fast is invalidated in this way must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day later.
It is preferable to postpone the extraction until nighttime or after Ramadan if possible.

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

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