Islam Protects the Rights of Orphans

Orphans

An orphan is an individual who has  not attained puberty or adulthood and has lost a biological parent. Some people use the term ‘half-orphan’ to refer to a child who has lost just one parent only using the general word ‘orphan’ in reference to a child who has lost both parents. 

Whatever be the case, individuals who happen to find themselves bearing the tag ‘orphan’ have continued to face the same problems from generation to generation up to the present day. Orphans through the centuries have continued to face two major problems, namely:

(a) deprivation from inheritance and 

(b) abuse by cruel relatives and the community.

These issues were remedied by Islam which is the reason why there was no such a place as an ‘orphanage’ in the early Islamic community, there was always someone waiting on stand-by to take over the burdens of an orphan.

Deprivation from Inheritance

It has been the most likely occurrence in many climes for orphans to be denied their right to inherit from their deceased loved ones, this has led to many orphans being thrown into the jaws of poverty with a lot of them turning to crime later in life to make a living. On September 1 2005, Robyn Pharoah, a researcher with the ISS (Institute for Security Studies) published an article titled: AIDS, Orphans and Crime-Exploring the Linkages. 

The research item showed that there is some correlation between orphans left in poverty and crime. ALLAH (SWT) says in the Glorious Qur’an: And give to the orphans their property, and do not substitute worthless (things) for (their) good (ones), and do not devour their property (as an addition) to your own property; this is surely a great crime. Suratul Nisa (4:02)

In another verse, ALLAH warns with a harsher tone: (As for) those who swallow the property of the orphans unjustly, surely they only swallow fire into their bellies and they shall enter burning fire. Suratul Nisa (4:10)

Just like Muslims always say, other religions might encourage good but Islam makes it compulsory to do good by prescribing punishments for failure to do good. People found guilty of consuming the wealth of orphans are punished in Sharia Law and Islam is the only religion in the world that prescribes Hell Fire for people who devour the wealth of orphans.

Abuse by Cruel Relatives and the Community

It will be observed that the word ‘orphanage’ does not exist anywhere in Islamic history and tradition because there was no need for them. The moment a child was orphaned, there were always households willing and ready to take the child in in-order to earn reward from ALLAH. The plight of orphans and widows was the major reason Islam instituted polygeny. 

After the early battles between Muslims and pagans, a lot of the martyred Muslims left behind orphans and widows, ALLAH in HIS infinite Mercy gave the Muslims a way out. “And if you fear that you shall not be able to deal justly with the orphan-girls, then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess. That is nearer to prevent you from doing injustice.” Suratul Nisa (4:3)

ALLAH (SWT) made statements in the Qur’an showing a similitude between people who maltreat orphans and disbelievers.

Have you seen the one who denies the Recompense?

For that is the one who drives away the orphan

And does not encourage the feeding of the poor. Suratul Ma’un (107:1-3)

Muhammad (SAW) also made statements showing how righteous it is to treat orphans well. Abu Huraira reported: The Messenger of Allah (SAW) said, “The best house among the Muslims is the one in which an orphan is treated well. The worst house among the Muslims is the one in which an orphan is mistreated. The one who cares for an orphan and myself will be in Paradise like this,” and he held his two fingers together. (Al-Adab Al-Mufrad 137)

In another Hadith, to encourage Muslims to treat orphans well Muhammad (SAW) said, “Would you like that your heart becomes soft and that you acquire what you need? Be merciful with the orphan, pat his head and feed him from what you eat. This will soften your heart, and enable you to get what you need." [At-Tabaraanee & As-Silsilah as-Saheehah]

Due to these verses and statements of ALLAH (SWT) and HIS Messenger (SAW), the early Muslim would often dispute over who should be the guardian of an orphan. After the demise of Hamza bin Abdul Mutallib, the guardianship of his daughter, Umama bint Hamza, sparked some arguments among some companions of Muhammad (SAW). Umama's relatives quarrelled over who was the correct guardian for her.  Zayd ibn Harithah based his claim on his having been Hamza's "brother in Islam". Ja'far ibn Abi Talib claimed Umama on the grounds that he was married to her mother’s sister. Ali said that he took priority because it had been his idea to bring Umama to Medina. Muhammad settled the quarrel in favour of Ja'far because a girl cannot marry her aunt's husband. 

We see that Islam creates a situation whereby people crave to have an orphan in their care. Muhammad (SAW) himself took care of orphans. 

When Abu Salama passed away, Muhammad (SAW) proposed to Umm Salama (the widow of Abu Salama). She told him that she had three reservations regarding his proposal. She was hot-headed and had a temper; she felt she might be rude to the Prophet of Allah (SAW), and thus lose the reward for all her good deeds. Secondly, she was an elderly lady; thirdly, she had many children. Muhammad (SAW) answered that he would pray to Allah, and Allah willing, her temper would subside. As far as age was concerned, he was also an elderly man. Thirdly, as far as her children were concerned - that was the precise reason for proposing to her - he wished to be their guardian and share the responsibility. 

From these facts we see that with pristine Islam in practice, an orphan might cry out of sorrow for losing a parent but never from fear of deprivation.