Infants, The Religion of - General Rule in Islam

Infants, The Religion of: General Rule in Islam

Overview

In Islamic jurisprudence, the general rule regarding the religion of an infant is derived from the faith of the parents. When both parents share the same religion, the child’s religion automatically aligns with theirs. However, complications arise when the parents adhere to different faiths, particularly when one parent is Muslim and the other follows another religion such as Christianity or Judaism.

Etymology and Translation

Etymology:

• The word infant is derived from the Latin term infans, meaning “unable to speak.”

Arabic:

• Infant: رضيع (Radi’) or طفل (Tifl)
• Religion: دين (Din)

Turkish:

• Infant: Bebek or Çocuk
• Religion: Din

Legal Standpoint

According to classical Islamic texts, such as the “Hidāyah” and “Sharīfīyah”:

• Rule: When one parent is a Muslim, and the other belongs to a different faith, the child is considered a Muslim.
• Reasoning: The principle of preference in Islamic jurisprudence states that when the reasons are equally balanced in a matter of religious guidance, a leaning towards Islam is given priority.

This principle is detailed in several foundational Islamic legal texts:

1. Hidāyah, Vol. I, p. 177
2. Sharīfīyah, Appendix No. 71
3. Baillie’s Inheritance, p. 28

Implications

• Identity Formation: The child’s religious identity becomes crucial during life events such as naming, circumcision, religious classes, dietary laws, and the eventual participation in religious rituals.
• Cross-Religious Marriages: For parents in interfaith marriages, understanding this rule is pivotal in navigating their child’s religious upbringing and any potential legal disputes.
• Legal Custody: In cases of divorce or parental death, the child’s religious upbringing could influence custody decisions within Islamic legal systems.

Suggested Books for Further Studies

1. The Early Development of Islamic Jurisprudence by Ahmad N. Nabhan
2. Islamic Jurisprudence: An International Perspective by Muhammad Yusuf Faroq
3. Sharī‘a and the Concept of Benefit: The Human Dimension to Consider in Contemporary Islamic Jurisprudence by Abdul Wahid Hamid

Takeaways

• Islamic jurisprudence emphasizes a child’s religious identity in alignment with parental faith, prioritizing Islam when parents follow different religions.
• This rule has enduring relevance for legal decisions concerning custody and religious rites in Muslim-majority societies.
• Understanding these nuances offers insight into broader Islamic legal principles and aids interfaith families in navigating religious identity issues.

Conclusion

The principle that an infant with one Muslim parent must be accounted a Muslim reflects a significant aspect of Islamic legal tradition. Stemming from a preference for Islam when choosing between equal religious influences, this rule not only guides individual family dynamics but informs broader Islamic jurisprudence. Exploring foundational texts and contemporary interpretations enriches our understanding of this complex and pivotal concept.

This structured, detailed entry offers insight into how an infant’s religion is determined within Islamic law, providing legal, cultural, and practical perspectives along with resources for further study.