SUKLINGS! QURAN AL FAJR: “And mothers suckle their children full two years; it is for one who wants to complete the (period of) suckling. And on him, to whom the child is born, falls the provision of food and clothing for them (the mothers) with fairness. Nobody is obligated beyond his capacity. No mother shall be made to suffer on account of her child, nor a man to whom the child is born, on account of his child. And on the heir it falls likewise. Now, if they want to wean, with mutual consent, and consultation, there is no sin on them. And if you want to get your children suckled (by a wet-nurse), there is no sin on you when you pay off what you are to give, as recognized. And fear Allah and be sure that Allah is watchful of what you do. (Verse 233) THE QURAN ILLUSTRATED 4TH SEPTEMBER 2014: The injunctions of suckling the children by the mothers This verse contains injunctions relating to radaah or the suckling of children. It will be recalled that in verses appearing earlier and later than this, the injunctions of talaq (divorce) have been taken up. In between, there appear injunctions relating to the suckling of children, because it generally happens that issues concerning the feeding and upbringing of children are disputed following a divorce.Since these disputations lead to violence, this verse offers moderate injunctions which can be carried out easily and appropriately by man and woman both. For the two situations of suckling and weaning, whether these show up during the period of marriage, or after divorce, a system was suggested which helps stop mutual bickering, or injustice to any of the parties.For instance, it was said in the first sentence of the verse: that is, And mothers suckle their children for full two years – unless there be some strong compelling reason which leads to weaning before that time.Some rules concerning radaah or suckling of children come out from this verse; these are: Suckling of children is an obligation of the mother .Naturally suckling is an obligation of the mother. If she does not feed without a valid reason or because of some hostility or displeasure, she will be a sinner. And she cannot accept any payment for suckling from her husband, as long as she is married to him because that is her own duty. The total period of suckling The second rule is about the total period of suckling which is two years. Unless there be some special reason, it is the right of the child that this period be completed.From this we also know that the total time given for suckling is full two years after which suckling should not be done. However, on the basis of some verses of the Quran and reports from ahadith, Imam Abu Hanifah ruled that if it was carried on over a period of 30 months or two and a half years, all the legal effects of suckling shall be applicable and if this was done because of the weakness of the child, a legitimate excuse, it would then be no sin either. But breast-feeding a child after completing two and a half years is unanimously haram (forbidden).In the second sentence of this verse. it was said: “And on him, to whom the child is born, falls the provision of food and clothing for them (the mothers) with fairness. Nobody is obligated beyond his capacity. The first point that must be noted here is that the Quran uses the word walidat, for mothers but while referring to the father, it opts for: to whom the child is born leaving out the smaller word “although the said word, walid (father) does appear elsewhere in the Quran, for instance:: (Fear the Day) when no father shall be of avail to his child (31:33). But the use of al-mawlūdi lahu in place of wālid in this setting has a secret behind it. The whole of Quran has a unique method and style so it does not describe any law in the way governments of the mortal world do. It rather presents it in a sympathetic and affectionate manner, a manner in which it could become easy for human beings to accept it and act accordingly.Since the father has been obligated to pay for the expenses of the child, even though the child belongs to the father and the mother both, it was possible that the father could take this injunction to be somewhat burdensome, therefore, the expression al-mawlūdi Lahu (to whom the child is born) was preferred over wālid (father). The meaning of this expression -- to whom the child is born – suggests that, no doubt both father and mother share in the birth of the child, but the child is, however, ascribed to the father. The lineage comes from the father. Now that the child is his, the responsibility of the childs expenses should not be heavy on him. Responsibilities of mothers and fathers The third rule of Islamic law given in this verse is: While suckling the child is certainly the responsibility of the mother but the sustenance of the mother, inclusive of all necessities of life, is the responsibility of the father and this responsibility continues as far as the marriage or the post-divorce waiting period of wife (iddah) continues.When divorce and iddah have matured, the responsibility of the husband towards the expenses of his wife will end, but the father will continue to be obligated to pay for the suckling of the child. (Mazhari) The standard of wifes liabilities When the husband and wife are both affluent, matching expenses will be obligatory. When both are poor, correspondingly matching expenses will be obligatory. On this much there is total agreement. However, the Muslim jurists differ if both have a different financial status. Following al-Khassāf, the author of Hidāyah has ruled that should the woman be poor and the man rich, her expenses will be medial, that is, higher than those of the poor and lower than those of the rich. According to al-Karkhī the status of the husband will be the criterion. In Fath al-Qadir, fatwā has been reported on this position from many jurists. (Fath al-Qadīr.pp 422, v.3) In the verse under discussion, after stating injunctions, the Qur’an says: that is, no mother shall be made to suffer on account of her child, nor a man to whom the child is born, on account of his child. It means that the father and mother of the child should not stonewall each other. For instance, the mother may be unable to suckle the child due to some excuse but the father may start forcing her to do so, hoping that she being the mother of the child, would finally melt down and suckle the child. Or, take the case of a mother who has no excuse, yet she refuses to suckle the child hoping that the poor husband, belong the father of the child would, in one way or the other, find the means to have the child suckled elsewhere.”(Source Maarif al Quran, vol.1.pp- 603-605)
Posted on: Thu, 04 Sep 2014 04:04:43 +0000
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