141- (3) Islamic Law (Fiqh) - Children in Islamic Law - Sayed Mohammad Baqer Qazwini

14 Bekeken· 24/07/19

Al-Hujjah Islamic Seminary
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Transcript

[0:12][Music] we continue our discussion on the laws of transactions in the

[0:37]religion of islam on page 53 of our future book the author

[0:42]dedicates a chapter by the name of shurut what does surut mean

[0:51]in arabic the conditions singular one condition if it's plural exactly contract

[1:04]is act right so in arabic if you want to use the

[1:10]word that means the one who engages in the contract the one

[1:12]who performs the contract you say act as the contract the one

[1:19]who does the is who in arabic the one who performs or

[1:24]officiates the contract now when you have both sides we use babel

[1:30]mufa allah in arabic the two sides that engage in a transaction

[1:38]so what are the conditions of the two sides the two parties

[1:42]who are engaging in a transaction the first point that the author

[1:48]talks about is means eligibility when you're eligible for something so we

[2:02]find that scholars throughout the you know books they always talk about

[2:08]who's eligible for what depending on what you're talking about if you're

[2:13]talking about rituals like salah fasting who is eligible to fast who

[2:18]has to fast who does not have to fast well in the

[2:20]book of transactions we all we also talk about eligibility who's eligible

[2:26]to buy and sell then on the following page if you go

[2:32]to page 54 the author talks about various categories of eligibility and

[2:38]how are they impacted by islamic law in general so now this

[2:43]discussion is not reserved to only spying and selling or transactions but

[2:47]in general depending on your age what are you eligible for depending

[2:54]on your state what are you eligible for how are you impacted

[2:56]by laws how are you impacted by legal faith islamic laws this

[3:02]is what the author discusses on page 54.

[3:06]so the first category that the author discusses is el janine what's

[3:13]janine fetus not child fetus right so in arabic al-janin is a

[3:24]fetus do we have laws about the fetus yes we do the

[3:26]religion of islam is such a comprehensive religion it has laws for

[3:31]everyone in all situations including a fetus so what are the laws

[3:35]that impact the fear the fetus very briefly number one you can

[3:46]make a wasaya for a janine let's say i'm passing away and

[3:52]one of my friends is having a baby on the way up

[3:56]to one third i can decide what happens to it right i

[3:59]can write an official was a islamic will i want one third

[4:03]of my money to go to that fetus can i do that

[4:07]the fetus is not born yet but can i make a wasaya

[4:11]for a fetus yes i can so ephedus number one is eligible

[4:17]to receive awesome that's number one number two why you kaf alay

[4:21]you can do a walk on a fetus you can do an

[4:26]endowment you know what a waff is you dedicate let's say a

[4:29]piece of property and you say i make this as a religious

[4:38]endowment such that this person or his family or ex category of

[4:41]people they benefit from it they could always use this property or

[4:44]the money generated by this property goes to them a lot of

[4:48]times if you go to holy cities and holy shrines you'll see

[4:51]there's a lot of properties that throughout history people have donated to

[4:55]the shrine so they could use the property for the shrine and

[5:00]the people who visit the shrine these are called fat or awkaf

[5:04]a masjid for instance is a type of no one owns it

[5:10]it belongs to allah and all the muslims can you assign a

[5:16]walk of to a fetus yes let's say you can have a

[5:22]walk of an endowment for a specific fetus or for all fetuses

[5:25]you can say any fetus can benefit from this property they can

[5:31]take the money of this property spend on their well-being during pregnancy

[5:36]when they're born they can for instance make any use of it

[5:41]that is possible so that's number two number three the author says

[5:50]one of the laws that affect affairs is that if a father

[6:03]dies and he has a baby on the way his wife is

[6:04]pregnant what happens to the inheritance how do you divide the inheritance

[6:11]let's say a father has three child three children and then one's

[6:16]on the way he dies while his wife is still pregnant what

[6:19]happens to the inheritance exactly you take the share of that fetus

[6:29]put it on the side don't give it to anyone until the

[6:34]fetus is born because only alive born fetus can inherit the fetus

[6:40]in the womb of its mother does not inherit yet but you

[6:45]have to save that share until the fetus is born okay now

[6:52]now the the the share of a boy is double right an

[6:59]islamic law so how much do you put aside yes you put

[7:06]the maximum amount so let's say a father dies he's got a

[7:08]hundred thousand dollars of inheritance that he's leaving behind let's say we

[7:14]put a thousand dollars aside for that fetus let's just say or

[7:20]ten thousand dollars for that fetus now if it turns out that

[7:24]the fetus is a boy we give them the whole ten thousand

[7:30]if it turns out to be a girl what happens half the

[7:32]amount okay what if we know today what if through ultrasound we

[7:36]know the gender then we can no if we know it's a

[7:40]girl then we just keep that amount what if there's a possibility

[7:44]that there are multiple fetuses meaning they could be twins you have

[7:49]to set aside the maximum amount possible that is reasonable and then

[7:55]you act accordingly if it turns out to be just one not

[7:59]two you give back the rest to all other inheritors so see

[8:04]the fetus here is impacted by islamic law the presence of a

[8:09]fetus in that pregnancy impacts how other members of the family are

[8:16]going to receive inheritance you don't give them the full share you

[8:20]have to reduce from their share and count the fetus so that's

[8:27]another way by which that's another way by which a fetus is

[8:31]impacted by islamic law any question about that what if the fetus

[8:42]dies before being born like a miscarriage happens does a miscarriage inherit

[8:49]no a miscarriage does not inherit anything obviously so if there's a

[8:54]miscarriage that's it that money that was set aside is just given

[8:56]back to the other inheritors therefore we find that the first category

[9:06]of people that are impacted by laws the first category of humans

[9:12]is the janine it's the fetus there are laws in islam for

[9:17]the fetus the fetus itself can own potentially and this is how

[9:23]we deal with the ownership the second category is now the category

[9:29]of a child until you get to the age of temes so

[9:39]now that a baby is born and before the age of temes

[9:42]we'll talk about what that age is let's say it's 10 for

[9:47]now 10 years old the child who's under 10 years old he

[10:04]a child potentially can inherit a debt now scholars have differences of

[10:14]opinion about how a debt is transferred let's say a father dies

[10:19]he's got a house that he leaves behind but he's also in

[10:25]debt a hundred thousand dollars in debt now islamically if a person

[10:29]dies and they're indebted before you give out the inheritance what do

[10:32]you have to do with the debt you have to pay the

[10:36]debt now there's a difference amongst the ulama how you pay that

[10:42]debt is it that when the person dies that debt gets transferred

[10:45]to the actual objects and money that he owns symbolically they carry

[10:53]the debt or the inheritors who inherit the father that that basically

[10:59]applies to them and they have to fulfill it the first one

[11:03]is called al the second is called atim here's a brief difference

[11:13]between the two let's say a father dies he's got a house

[11:15]worth a hundred thousand dollars and he's indebted fifty thousand dollars okay

[11:22]so now the inheritors got the house the first scenario is that

[11:27]the debt applies to the house itself that means there's a debt

[11:32]on the house itself so we tell the waratha the inheritance look

[11:36]50 of this house is not even yours it belongs to someone

[11:42]else you just inherited 50 that's all because 50 of the house

[11:48]belongs to that person whom your father was in debt to so

[11:53]they only get 50 of the house that's the first scenario the

[11:57]second scenario some scholars say no the debt gets transferred to the

[12:04]themma to the liability of the waratha that means they own the

[12:08]house it's theirs but now they're liable to pay that person whom

[12:13]their father was indebted to fifty thousand dollars they have to free

[12:17]themselves from this debt it's like they inherited their dad's debt now

[12:22]there could be a difference by the way you could say but

[12:25]what's the difference no there's a difference let's say i s i

[12:28]am a scholar who believes in the first opinion that the debt

[12:33]does not transfer to the liability of the inheritors it goes to

[12:38]the object itself those people the creditor can come and say hey

[12:42]half of this house is not yours i can let's say put

[12:46]it on the market i can demand my right half of this

[12:50]house is not yours in fact i can come and sleep over

[12:52]whenever i want just like you share the house i share the

[12:55]house theoretically we're talking about but if you say no the debt

[13:00]does not get tra does not get transferred to the assets that

[13:04]he leaves behind it gets transferred to what the liability of the

[13:11]waratha who fully now owns the house that they own the house

[13:15]but they're indebted to that person so he just has to come

[13:17]and chase them and tell them giving back my debt but the

[13:20]house he can't touch so there could be some you know differences

[13:24]in islamic law about that so now asabi that's under 10 years

[13:31]old is he impacted by this if we are of the opinion

[13:35]that the debt gets transferred to the them to the liability of

[13:40]the inheritors and the inheritor is a five-year-old child then they've inherited

[13:45]that debt they're liable to pay that debt from whatever got transferred

[13:52]to them so let's say when they're of age and they can

[13:55]make financial decisions they have to release themselves from that debt at

[14:00]that age have a guardian they should have a legal guardian for

[14:04]that yes a child has a legal guardian but in the end

[14:07]the child himself isn't dead he he basically he inherited a debt

[14:12]this is one of the effects of islamic law okay that's number

[14:20]one that affects who children under 10.

[14:24]what else impacts children under 10 in islamic law of manusabi you

[14:30]almost if a child destroys someone's property you know they throw a

[14:39]rock at somebody's windows and they break it most children have done

[14:41]that at some point in their lives islamically who's liable for this

[14:49]damage the child so if the child has money who loses that

[14:55]money the child the child is liable for that loss so the

[14:59]guardian of the child the wali he can take money from the

[15:04]account of the child and go and pay the neighbor does he

[15:09]have to pay it from himself the father no he didn't break

[15:12]it the child broke it not him so the father can technically

[15:17]compensate the neighbors for that broken window from the money of the

[15:23]child not from his own money he doesn't have to he can

[15:27]if he wants to but he's not he does not have to

[15:29]because in islamic law when a child breaks something he incurs the

[15:33]loss for the damage not the guardian any questions on that yes

[15:43]so if the child doesn't have money so if the child does

[15:49]not have money yes he does become in debt and so whenever

[15:52]he gets money that has to be paid he becomes liable it's

[15:56]like you're indebted to someone and you need to pay them whenever

[15:59]you're able to so when in the future even if it's 10

[16:01]years later if the child gets money the first thing he has

[16:06]to do is go pay that neighbor yes so he basically becomes

[16:10]liable for this damage now the guardian can pay it on his

[16:12]behalf of course but in islamic law he incurs that loss okay

[16:24]that's number two damages and liability number three does a child in

[16:31]islamic law own anything like for example if you gift them something

[16:35]do they own it yes they do what about buying and selling

[16:45]can a child a five-year-old child buy something according to the vast

[16:54]majority of scholars know a child cannot buy and sell an islamic

[17:02]law this child does not have the eligibility of buying and selling

[17:07]he's not eligible yes the guardian can buy and sell on his

[17:12]behalf if it's in his interest but he cannot now this presents

[17:17]a dilemma in some situations when kids have money in their hands

[17:22]they go to the supermarket and they buy something scholars say that

[17:26]sale is invalid because a child is buying something and in islamic

[17:33]law a child cannot buy and sell now some scholars have tried

[17:39]to examine some workarounds to fix this transaction but by default in

[17:45]islamic law that child is not eligible to buy and sell so

[17:50]if he the child is directly engaging in that transaction islamically it's

[17:55]not valid it's not a valid sale that means if the child

[18:00]let's say bought a book from the bookstore that book technically still

[18:06]belongs to the book owner and the money that the child gave

[18:08]to the book owner technically still belongs to the child now one

[18:15]can say okay you know the book owner says i'm fine with

[18:18]that i'm okay with that and i just made that book available

[18:24]to the child but then the money that you got from the

[18:27]child how do you justify that well the child willingly gave it

[18:31]to me yeah but a child does not have the capacity and

[18:34]the eligibility to give you money so there could be a sin

[18:41]right the child has no sin because a child is a child

[18:43]but the seller has to be careful in these situations but there

[18:48]are some workarounds try scholars have tried to figure out but by

[18:51]default in islamic law a child can't buy and sell yes the

[18:56]age is five years old five six under ten yeah anything under

[19:03]ten the tamiys a child cannot buy and sell in islamic life

[19:09]see sometimes here's here's the deal sometimes you have an owner who

[19:16]owns the lemonade stand and basically you're doing the transaction with the

[19:21]owner of the lemonade stand he just put a child there just

[19:24]to receive the money on his behalf and give it to you

[19:28]so basically the child's role is like a robot sit there you

[19:31]know give the lemonade take the money but you're not really buying

[19:36]and selling with the child that we can correct we can say

[19:40]you're buying from the father he just put his son just to

[19:45]facilitate it right we can somehow fix that that's fine but there

[19:50]are some kids they own things and they sell them on the

[19:53]street have you seen that well it's problematic so if you want

[19:58]to help them out some of them are poor if you want

[20:01]to help them out just give them as a gift give them

[20:06]as a gift and you know if they willingly gave what they

[20:11]have to you as a gift then maybe you can take it

[20:15]but to do an official transaction with them is not valid because

[20:20]they're kids you see a lot of them exactly exactly what i

[20:25]normally do in those situations i just give them the money i

[20:28]don't take anything yeah i just give them the money to avoid

[20:32]this sticky situation where you're doing a transaction with a child and

[20:36]the reason why islam did that is to protect children protect minors

[20:40]because if you open this door they can be taken advantage of

[20:44]they could put themselves in danger because buying and selling especially historically

[20:48]puts you at risk you go to dangerous places in neighborhoods you

[20:54]engage in dangerous activity it can open door to dangerous type of

[20:58]sales right islam wants to close this door you as a child

[21:02]don't deal with any of that if anything needs to happen let

[21:08]your guardian do that for you okay but a child can inherit

[21:12]afwan can own something if it's gifted to them technically they own

[21:16]it not the parents another thing not just bai and sharat the

[21:21]guardians can do buying and selling also was marriage now this is

[21:27]a very controversial issue today and this is something that we discuss

[21:32]in the book of marriage but just briefly here historically if the

[21:38]guardians deem that it is in the interest of their children to

[21:42]get married right by doing a marriage contract and it is in

[21:48]their interest theoretically they could do that they could have two minors

[21:52]marry each other sometimes they'll do that for the laws of mahramiyah

[21:59]to make let's say you know the parents maharan let's say let's

[22:06]say you have a family that adopted an orphan if it's a

[22:10]female orphan and she becomes 99 years old what happens to the

[22:14]adopting father is he maharan to her no he's not maharantor so

[22:18]she has to wear the scarf so how do you treat that

[22:22]one way one workaround is to have her do an islamic marriage

[22:28]contract with one of her you know step brothers right then the

[22:36]father becomes maharan because he becomes her father-in-law so he becomes mahra

[22:40]the opposite scenario they adopted a boy when he becomes of age

[22:45]the step-mom becomes nan maharan so how do you make her to

[22:50]him if he marries one of her daughters islamic and remember it's

[22:53]just an islamic marriage contract right we're not talking about an actual

[22:56]marriage it's just a marriage contract akad between them who has the

[23:01]authority to do that the guardians can do that if it's in

[23:06]their interest so even though they're children but the marriage contract can

[23:10]apply to them they are eligible for a marriage contract but remember

[23:15]it has to be in their interest it's very controversial yes today

[23:21]in modern society if you say this oh you know they consider

[23:25]this child abuse and what kind of age both of them could

[23:30]be minors yeah yeah both of them could be minors and you

[23:33]know they can enter a marriage contract remember it has to be

[23:37]in their interest the controversial one that you're talking about is if

[23:45]you have like a man grown-up man and he does a marriage

[23:49]contract with a girl who's let's say eight years old seven years

[23:55]old that's the one that you hear about in the media even

[23:58]the minor one how do we justify saying they it is in

[24:02]their best interest see it's theoretical if it's in their best interest

[24:08]i was once asked how could this ever be in the interest

[24:10]of the child right because we know that this could be traumatizing

[24:14]to the child now remember if the child is is young the

[24:18]marriage cannot be consummated keep that in mind in islamic law under

[24:22]nine it's haram for the marriage to be consummated but you know

[24:27]it's other things can be done in the marriage now someone was

[24:33]asked how possibly historically could there been a maslaha in the interest

[24:37]of the child so one example that i thought of is the

[24:39]following let's say in the past there's this girl she's born into

[24:45]a very poor family right to the point where the family is

[24:48]near starvation the arabs sometimes would kill their infants alive out of

[24:56]sphere of what of poverty that's why there's a verse in the

[24:59]holy quran about that do not kill your kids out of fear

[25:09]of poverty we are the ones who give you your sustenance some

[25:14]would do that now let's say there's this rich man he's not

[25:19]a charitable person but he's just rich the only way to save

[25:25]your daughter from starvation right or let's say you feel like you're

[25:28]sick you're about to die as parents and you don't even know

[25:30]what's going to happen to her at least you say okay there's

[25:34]this rich person he's got a big family the only way for

[25:37]my daughter to technically survive in that era in that society is

[25:41]to allow that man to marry her and you know some in

[25:47]some historical societies there were some men who desired young girls not

[25:52]just i'm not talking about muslim societies by the way overall in

[25:58]the world look at europe look at britain some kings in britain

[26:01]they would marry young teenagers look at some of those kings in

[26:05]britain in the you know 12th century 13th century 14th century you'll

[26:09]have a king he's like 35 he marries a 13 14 year

[26:15]old girl she becomes the queen now in today's standard this is

[26:17]child molestation this is x y and z but in those societies

[26:22]this was common so let's say a father realizes that the only

[26:26]way for me to save my daughter is through this marriage would

[26:32]this be in her interest let's say society at the time says

[26:34]okay now it's in her interest because the other path is just

[26:40]death and destruction so just to give you an idea or sometimes

[26:43]for the laws of mahram let's say there's an orphan in the

[26:48]house and it is in their interest to be mahram on the

[26:50]parents so this marriage is in their interest with the siblings in

[26:54]any case a child under 10 islamically there is the capacity for

[27:00]a marriage contract if it's in their interest under 10.

[27:09]we're talking about now in category 2 a child under 10.

[27:14]yes like at the time of my grandparents they used to do

[27:20]that because they used to even one big dog together right back

[27:25]you know people would live in like a community you know you

[27:29]have like a courtyard in the middle and then these rooms around

[27:31]it now with the cousins with other people you have the issue

[27:37]of sometimes they would just do a verbal marriage contract to make

[27:40]them to each other yeah i mean that's fine so can you

[27:44]explain what you mean by does it consummate the marriage what do

[27:47]you mean so what do you mean by just verbal they're not

[27:50]consummating the marriage means intercourse in islamic law under 9 is haram

[27:57]under any circumstance yeah they're islamically married but but intercourse can yes

[28:02]yeah that's the meaning of it islamic law says overnight that's the

[28:06]minimum remember if this marriage is in the interest of the girl

[28:11]then at that point you know the marriage can be consummated and

[28:15]one reason why islam allowed for such a low age of marriage

[28:20]is because of life expectancy in the past people did not live

[28:26]that long there were some eras in which the average life expectancy

[28:30]was 30 40 50 years old about 700 years ago in britain

[28:35]remember the example that we brought from britain 700 years ago the

[28:38]average life expectancy in england was 33 years an average person lift

[28:46]33 if you if you were past 33 you were lucky you're

[28:47]like a person today who's into his 80s today what's the life

[28:53]expectancy 77 78 sometimes 80 right if you made it to 40

[28:58]and 50 in england 700 years ago you were lucky okay so

[29:02]here's the thing now imagine with such low life expectancy and with

[29:07]infant mortality rate women would give birth their kids would die they

[29:13]didn't have vaccines or health care system sometimes a woman would deliver

[29:19]three four five babies before one of them survives now if the

[29:23]woman if the girl in england at the time got married at

[29:27]age 25 like today it's happening and the life expectancy is 33

[29:30]she's basically has seven years on average to have a family and

[29:34]see her kids forget the grandkids just to see her own kids

[29:39]survive so islam allowed for a lower age so they can have

[29:43]a family they can see their family so it was very common

[29:47]for teenagers to have children at that time not just in the

[29:53]the muslim societies all around the world because of such a low

[29:56]life expectancy if islam said no the minimum age is 18 20

[30:00]you're doing an injustice that means you're telling the girl haram you

[30:04]know good luck seeing your kids forget your grandkids you're very lucky

[30:08]if you get to see your grandkids but if she gets married

[30:11]let's say younger age 13 14 15 and she has a child

[30:16]okay that gives her a lot more time to have children and

[30:19]to raise her family so keep that in mind as well because

[30:22]today people object about this point why is it that islam allowed

[30:27]for the age of nine as a minimum but how many years

[30:31]ago seven hundred years ago yeah this is after islam this is

[30:37]like 500 years after islam we're not talking about pre-islamic times this

[30:41]is 700 seven centuries is pretty recent it's just now in the

[30:45]modern times when the modern health care system life expectancy went up

[30:48]but not in the past different prophets live different ages prophet muhammad

[30:58]he lived 63.

[31:01]that wasn't the life expectancy like 35 before that no i think

[31:05]in arabia at the time of the prophet maybe the life expectancy

[31:09]was around 50.

[31:09]i'm not sure don't quote me on that one but maybe around

[31:13]50.

[31:12]different eras had different life expectancy sometimes it would be 50 55

[31:16]sometimes we'd be 40 45.

[31:18]but now in our era no no our era is like 77

[31:22]yeah i think the global life expectancy is 70 something it has

[31:27]increased today and that's why the the age of marriage has also

[31:30]increased and remember infant mortality was also another problem infant mortality infant

[31:39]death rate infants would die before they could survive so they had

[31:44]to have many children to ensure that one two or three would

[31:47]survive as recent as 70 80 years ago 80 90 years ago

[31:56]in karbala my grandfather has um an ah a suckling brother right

[32:05]the marcum said muhammad khan he's the author of the series if

[32:10]you've seen it he wrote a biography on the imams from the

[32:16]cradle to the grave it's a beautiful arabic series on the life

[32:20]of the imams and he was a very popular speaker his mother

[32:23]in karbala gave birth to 15 babies every one of them died

[32:31]either at birth or a week after birth or a month after

[32:33]birth or two months after birth they all died he is the

[32:38]16th and he's the only one who survived subhanallah it's a sad

[32:42]story now that he survived during labor she died his mother died

[32:46]during labor so he grew up as an orphan so my great-grandmother

[32:49]my grandmother's father she breast-fed him because his mother died and back

[32:56]then there wasn't infant formula milk that you would give them you

[32:58]needed another lady to nurse you so imagine a mother gives birth

[33:05]15 times they all die that was life back then it was

[33:09]very common today sometimes we in modern society we arrogantly sit and

[33:15]we judge those times and the laws ah what's this islam habibi

[33:17]look at the context of those times do you even know how

[33:21]people lived when you attack islam why why such a young age

[33:24]of marriage okay there are reasons for that go and look into

[33:28]that history you sit today in america in the 20th century 21st

[33:31]century and you want to apply your circumstances and your life expectancy

[33:36]and your health care system and social system on 14 centuries ago

[33:41]forget 14 centuries ago on a century ago the whole universe the

[33:45]world was different just a century ago so it's very important to

[33:51]keep that in mind but islamically islamically a child has the capacity

[33:55]to have their guardian do a marriage contract for them so in

[33:59]that third category that's the what the what the in the second

[34:04]category that's what the author talks my dad's about he had 18

[34:09]kids i think six of them died masha'allah and there was only

[34:15]subhanallah they did have a lot of kids now we can't even

[34:20]have three more than 34.

[34:21]yeah i know and we're complaining people in the past really struggled

[34:28]yeah you know our struggles today not to underestimate anyone's struggle but

[34:32]compare it to the past it was really difficult life was difficult

[34:37]back then from every aspect how did they have so many kids

[34:42]if it was so difficult right no ipads no tvs and you

[34:49]wonder how the kids you know basically kept themselves busy and they'd

[34:54]live in small rooms sometimes the whole house was one room yeah

[35:00]but subhanallah they had good memories from the old times so this

[35:04]is one aspect here and another aspect we talked about a child

[35:08]under 10 can own something now here's one point for parents this

[35:12]is important sometimes people gift your kids toys or you buy them

[35:19]toys from their money or from your money and you gift them

[35:21]now when the toy you know after like after like six months

[35:26]you're decluttering the room you find these extra toys they're still functional

[35:31]but you want to get rid of them to make let's say

[35:33]room or whatever you don't want to have too many things in

[35:36]the closet or in the you know the bucket that has the

[35:41]toys so what parents do is just discard them they throw they

[35:46]throw them away can you do that you don't own the toy

[35:49]who owns it the child so you're you're you're unjustly taking someone

[35:55]else's property and you're destroying it that's haram so how do you

[36:00]work around that one ways to compensate them that toy that you're

[36:05]throwing away let's say today's market value for this toy is three

[36:07]dollars put three dollars in their account or in their safe box

[36:12]or whatever they have that way you ensure the value or replace

[36:17]it with another you know toy yes if the toy is completely

[36:28]unusable and destroyed and has no value then you could discard it

[36:31]but if it does have a value even if it's a cent

[36:32]five cents ten cents it's haram to take it from your kids

[36:37]without compensating them because it's theirs well that's the issue does a

[36:44]child under 10 have the capacity to give permission that that's the

[36:47]that's the concern scholars have they don't have the capacity because they

[36:51]can't make decisions financially they're not allowed to make financial decisions remember

[36:55]we said they can't buy they can't sell they can't gift so

[37:00]financially there's a block on them so even if they give you

[37:04]permission does that permission have value no not not legally because what

[37:10]does a child know you know they can you could fool them

[37:13]easily into giving permission so compensate them when you buy them without

[37:18]them it's alone it's not for you yes you can do that

[37:21]you can say it's alone that i'm letting you borrow it or

[37:25]i heard one scholar and this is what he would do people

[37:28]would come and visit them like after having a baby you know

[37:32]like a baby shower you get all these gifts so basically when

[37:35]people would visit and they would give as a gift whether it's

[37:38]money whether it's toys he would say them look that money that

[37:41]you're giving give it to me not the child because if you

[37:46]give it to the child i'll have this ocd later when do

[37:49]i throw it out what do i do call us give it

[37:51]to me i'll let the child play so if in the future

[37:54]we wanted to change it throw it away whatever i don't have

[37:57]this dilemma yeah as long as they've not given it yet they

[38:02]can change their intention why not so that's one way to do

[38:06]it now socially you have to be careful in some societies this

[38:08]could look bad like what is this father doing you know but

[38:13]if they understand you have an islamic technical problem then there'll be

[38:19]more understanding of that but keep that in mind you can't just

[38:23]discard clothes toys anything that your child owns unless you compensate the

[38:28]child because the child owns that money and you just throw out

[38:33]that property you you caused a financial loss yeah a lot of

[38:39]people miss that so either compensate or replace it replace it you

[38:43]can let's say that your your son or daughter has an old

[38:48]bed you want to get them a new bed so this is

[38:50]how you work around work around it you bring the new bed

[38:53]and basically you say i as a legal guardian deem that it

[38:58]is in the interest of my child to have a better bed

[39:00]so i'm taking the old bed and putting the new bed in

[39:03]its place now you've done something acceptable but if you just throw

[39:11]out the old bed and then just get a new one what

[39:13]happened to the old one you basically threw out someone else's property

[39:18]you don't have that right yes how do you keep track of

[39:23]all this is it just with intentions see you don't have to

[39:28]keep track of it anytime you're tossing out something or throwing something

[39:32]away or replacing it you should know who owns it i mean

[39:36]if it's toys and you know it belongs to your children if

[39:39]you don't know keep a log you know say these items my

[39:43]child owns them because we gifted it to the child or ex

[39:47]you know other people gifted it whereas these items we let them

[39:54]borrow it keep keep a log of that if you cannot remember

[39:56]all those details or you know you know that everything my child

[40:02]has is theirs you know because when people give them a gift

[40:04]technically they're giving it to them not us and whenever i buy

[40:08]something to my kids i never make the knee of letting them

[40:10]borrow it i always give it to them so you know that

[40:14]anything that that is for your child at home they own it

[40:16]that way you know but it's a good idea to let them

[40:22]borrow that way you have full ownership of it so you don't

[40:24]have these issues another example we mentioned if you remember in last

[40:27]year when we were discussing we talked about ipads laptops phones and

[40:35]monitoring them remember that was an issue that some scholars have if

[40:40]you monitor that laptop or that ipad and you go into it

[40:45]and put a program let's say that tracks what they're doing if

[40:48]they own it you're playing with their property without their permission a

[40:53]number of scholars have a problem with that so we gave a

[40:58]suggestion when you give a laptop to your child don't give it

[41:01]to them as a gift so they own it let them borrow

[41:05]it so you always own the laptop and whenever you own it

[41:08]you can do whatever you want with it you don't need anyone's

[41:11]permission you want to put a software on it track it whatever

[41:13]you want to do you have that right but what do you

[41:16]tell your child you're borrowing this or are you just in your

[41:21]heart telling them tell them i bought this and you can use

[41:24]it whenever you want you don't even have to tell them you

[41:27]do not have to tell them what your intention is you can

[41:31]say here i bought a laptop you can use it use a

[41:37]word like that you know that it's not that clear yeah you

[41:43]can be creative and say here i got this on your birthday

[41:47]so you can use it and a child is not going to

[41:53]sit there and technically dissect what you're saying but between you and

[41:56]allah you've led him borrowed it so tomorrow if you want to

[41:57]confiscate it you know some parents take away something for like 10

[42:01]10 days if it's not your property a number of scholars have

[42:05]a problem with that how are you taking his property or her

[42:08]property and keeping it away from them for like a month but

[42:14]if you own it you can even if they're talking about no

[42:20]no we're talking about kids right now remember category 2 is kids

[42:23]under 10.

[42:23]we're only looking at this category now we're not looking at kids

[42:28]over that there's another law that applies to them we'll get to

[42:30]it okay but let's say you they have a lot of clothes

[42:32]and they're you know they're they're so good but like other people

[42:36]can use them you bought them new clothes can you tell i'm

[42:39]giving them to like a charity like that under 10 under 10

[42:43]a child doesn't have the capacity to donate remember yeah but it's

[42:48]not yours that's like going into neighbors your neighbor's house hey i'm

[42:52]donating your stuff to a charity yeah but you gave it to

[42:58]them so it became theirs islamically let's say you gave a couch

[43:02]a set of sofas to your neighbor as a gift two years

[43:04]later you go hey i'm donating it to the charity you can't

[43:08]do that it's theirs now right what you can do is compensate

[43:11]meaning get all those clothes they use clothes that you want to

[43:17]donate estimate what's the market value of these clothes today let's say

[43:20]all of the clothes 100 give it to the charity and then

[43:23]put a hundred dollars in your son's or daughter's account that way

[43:28]you've not violated their ownership just do that but just to give

[43:34]it away like that without compensating the child you're using someone else's

[43:38]property that's haram that's a sin on the day of judgment that

[43:41]child can hold you responsible you use my property without my permission

[43:46]it wasn't yours allah can hold you accountable for that so don't

[43:51]put yourself in that situation and to evade this problem just compensate

[43:55]that's fine what if you already did that what do you do

[43:59]now right now compensate them so you're liable so now you're liable

[44:04]if you've done that in the past estimate all those years the

[44:08]toys i gave away the clothes the fern whatever it is that

[44:11]my kids under 10 they they owned then i estimate that let's

[44:17]say at 500 i put now 500 in their account when the

[44:21]child becomes bali mature they can give it back to you if

[44:23]they'd like you can tell them put pressure on them you know

[44:28]baba i put 500 in your account but you know i didn't

[44:34]do anything wrong i just donated some you know things that you've

[44:37]used if you'd like to give it back to me now you

[44:41]can so once they're balanced they can give it back to you

[44:44]but you're liable for it or they yeah or they forgive you

[44:48]that's my point yeah or they forgive you for it let's say

[44:53]you haven't paid them during those years now your kids are valid

[44:55]so you go to them and tell them look when you were

[44:58]kids i did x y and z and you know maybe five

[45:02]hundred dollars worth of things that i'm liable for so do you

[45:04]want me to give it to you or you just release me

[45:07]from it if the child says no i release you from it

[45:09]we don't have an issue that's that's a workaround right back to

[45:18]yes buying and selling point so back in the middle east like

[45:23]some people when they gather for example in the grandparents house instead

[45:28]of making the children go and buy things from the store in

[45:32]the neighborhood they're like the grandmother for example has their own like

[45:37]candies and stuff and sells them to her grandchildren would that be

[45:43]like a violin she sells that candy to the grandchildren and she's

[45:49]consulted their guardians the parents meaning she did the transaction with the

[45:54]parents the parents approved and the child is coming just to get

[45:58]the candy that's fine yes remember when we said buying and selling

[46:02]not allowed for kids it means if they're independently making the transaction

[46:06]but if the parents the guardians they've done the transaction and they

[46:11]just tell their son okay go claim your candy now that's fine

[46:14]we don't have a problem with that the guardian can buy and

[46:17]sell on behalf of the children it's just the children independently and

[46:20]directly they cannot buy and sell so the example you gave if

[46:26]it's not with the knowledge of the guardians and they're not involved

[46:29]yeah that's not legal what she's doing islamically but if the parents

[46:34]are involved or there's an understanding that the parents know she's doing

[46:38]that they've approved yeah no problem in the end we need the

[46:43]guardian's involvement in all of these stages so this is the second

[46:49]category let's now look at the third category what was the first

[46:52]category of eligibility gene fetus second category a child under tami is

[47:01]ten okay number three is a child who's not balaria however he's

[47:12]and islamic law we've talked about who the mumayas is basically it's

[47:18]a child who has a level of maturity to know right from

[47:22]wrong right they can decipher that they're called mameyas on average on

[47:25]average they're about 10 years old 9 10 depending some kids maybe

[47:30]at even age 8 they could have that maturity so now that

[47:35]the child becomes mumeys you have let's say a boy he's not

[47:40]bothered yet he's only 9 10.

[47:41]what new laws apply to him number one many scholars say now

[47:48]he can give sadaqa you can tell the child give sadaqa put

[47:53]a dollar in the sadaqa box every day from your own money

[47:57]and you're training the child to do that from his own money

[47:58]and many scholars say you can do that because now the child

[48:03]is mumey is he is not balaria to be fully in control

[48:05]of his assets and money but he does have that sense of

[48:12]maturity to donate so that's one new law that applies to the

[48:15]mumayas any question on the s okay the second law is to

[48:22]issue a wasa in matters of charity a child at 10 can

[48:28]actually write an islamic oil that if i die i want one

[48:30]third of whatever i own to go to the mosque to go

[48:34]to the orphanage he can do that you're allowed to do that

[48:37]under 10 you're not allowed a child at age five you can't

[48:41]do any we'll see you that it's not a valid will but

[48:45]when he becomes a mumey yes it's possible okay another new law

[48:57]that would apply is in islamic law if you go to a

[49:12]place like reserving a seat in the first line of salah if

[49:17]you come first and you sit there and you reserve it it's

[49:21]yours technically no one can come and move you from that place

[49:24]if it's a public place we're not talking about private property it's

[49:28]a public place and you came first and you sat on a

[49:32]seat can someone tell you hey get up there's a more important

[49:35]person than you no habibi i came first islamically i have a

[49:37]right to that place okay a child at age 10 mumeyes has

[49:44]access to such privileges here's another example do you know that in

[49:49]islamic law if you go to the desert that's not owned by

[49:55]anyone it's just swaths of land not owned by any owner there

[50:00]are many such places like if you go to a lot of

[50:03]countries once you go out in the desert areas it's not owned

[50:08]by anyone go to the sahara desert it's owned by anyone many

[50:11]parts of it if you go and you claim a piece of

[50:17]land like 5 000 square feet piece of land and you actually

[50:21]put bricks around it or put a fence around it islamically what

[50:25]happens to that land becomes yours belongs to god and whoever develops

[50:34]it if you put a sign you mark the land it becomes

[50:38]yours islamically okay now an adult can do that a child whose

[50:45]mumeys can also do that something that's public not owned by anyone

[50:49]out there he goes and he claims it he can do that

[50:53]but under 10 no it's not recognized by islamic law if muslim

[50:58]countries just apply this law no muslim would remain homeless or has

[51:02]to rent all his life just go and claim the land allah

[51:08]has made it available yeah you want to buy a property in

[51:12]the city it's a and you know downtown area privately owned okay

[51:16]that's expensive but just go out further land belongs to allah and

[51:20]when you have a piece of property you have an incentive to

[51:25]build it you stay focused it's a great economic solution to many

[51:28]of the problems that we have in many muslim countries even if

[51:32]you don't pay for it yeah belongs to allah allah is the

[51:37]owner of the earth why have to pay for it who are

[51:39]you going to pay no one owns it we're assuming nobody owns

[51:44]it by the way here in the west just to give you

[51:46]an idea how they borrow islamic economic policies here in the west

[51:54]technically technically most pieces of land are like that and you don't

[51:57]really pay that much for the piece of land it's more like

[52:01]a processing fee that you pay for the federal or state or

[52:06]local government forget downtown areas no go out there's 50 united states

[52:12]right sometimes you can buy acres and acres of land what for

[52:18]the price of one small apartment in some middle eastern capital or

[52:24]even as outskirts of the city because they have made land available

[52:26]for everyone basically you pay something nominal for the land here most

[52:32]of the money that you pay is for the building itself not

[52:36]the land whereas in the middle east no they you pay per

[52:39]inch in that square meter or that square feet you pay per

[52:43]inch that's how it is not here in fact many people here

[52:47]buy houses they don't even know exactly the lot size is it

[52:51]doesn't matter for them i like i i looked at the house

[52:54]i liked it it's you know 2 000 square feet 3 000

[52:58]square feet let's see if the lot is 5 000 square feet

[52:59]or 10 000 square feet not everybody cares you're not paying the

[53:04]money per square feet of the lot you're paying it more for

[53:09]the building in most places like suburban places in the us that's

[53:11]how it is yeah if you go to manhattan and you're paying

[53:15]per inch per centimeter we're not talking about those areas in most

[53:18]urban areas of the united states that's how it is this is

[53:23]an islamic policy but haram in our countries they do not implement

[53:29]this policy because they need more population that's why they encourage that

[53:37]over here but from day one they had this policy there are

[53:40]big countries sometimes that don't implement this policy you see the big

[53:44]cities they're crammed the minute the city ends it's just desert you

[53:47]drive for hours and nothing but desert like why let the people

[53:51]develop these areas give them no they have millions of laws on

[53:55]these areas it's a problem unfortunately in lebanon like you know the

[54:02]mountains and the lands and everything every single like inch is owned

[54:07]by someone in those small areas yes yes because historically they owned

[54:12]it one day it was not owned somebody owned it so islamically

[54:16]if it's unowned land then you're going to just go and claim

[54:19]it that's fine in small countries of course with with modern populations

[54:24]every inch is probably owned but we're talking about most countries around

[54:28]the world historically they were not owned even lebanon one day was

[54:32]not owned by everyone slowly they started to own it but that's

[54:35]an islamic policy an unowned piece of land go and claim it

[54:39]it belongs to allah and the one who develops it as the

[54:42]hadith says now just to end this third point another law that

[54:48]affects um you know children who are mumeyes is deeb for sarika

[54:55]if they steal right you can discipline them now if they're an

[55:02]islamic law if a grown-up you know steals no there are consequences

[55:05]but a minor a child who's like five or six no there's

[55:10]no consequence like if they stole just take it back and just

[55:12]warn them don't tell them don't do that but you cannot discipline

[55:17]them but if they're malays they know right from wrong they're like

[55:20]10 no you can you can actually discipline them if they steal

[55:23]so that's another law that could impact them this is discussed in

[55:29]the you know babel hadoot the penal code in islam shall continue

[55:33]the other categories [Music]

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