21 抚养权
21 Custody of the Child
照顾孩子是法定的义务(fard),因为如果忽视孩子,孩子可能会死亡。正是为了保全生命,安拉(SWT)才使其成为义务,因此必须保护孩子,使其免于死亡,免受危险。尽管照顾孩子是法定义务,但孩子的亲属权利也要求这样做,因为孩子有权获得这种照顾,所以权利与义务都与监护相关。这是每个孩子的权利,也是每个被安拉(SWT)责成照顾他的人的义务。当没有其他人被指定负责时,这一义务就落在监护人身上。至于安拉(SWT)所责成承担监护的人的权利,承担这一监护职责是专属于那些有资格担任的人,而不是普遍适用的;因此,监护权不会交给那些会必然导致孩子死亡的人。所以,监护权不交给孩子本人或患有精神疾病的人,因为他们各自都无力承担监护,他们自己尚需他人照顾,又怎能照顾别人?监护权也不能交给那些必然会导致孩子被忽视的人,即因疏忽或忙于自己的事务而影响其照顾孩子能力的人;或者交给那些具有如Fisq(罪恶行为)等特征的人,因为这种品性必然会败坏孩子的教养,而败坏被视为一种毁灭。
Taking care of the child is fard because it may perish if it is neglected. It is by way of preserving a life that Allah (swt) has made it obligatory, so it has to be protected from death and safe from danger. Even though caring for the child is fard, its right of kinship also requires it, because the child is entitled to that caring, so the right as well as the duty are related to the custody. It is the right of every child and the duty of everyone whom Allah (swt) has obliged to take care of Him. It is fard on the custodian when no one else has been assigned other than Him. As for the right of the one on whom Allah (swt) has obliged the custody, in assuming this custody, it is specific to those who are qualified for it and it is not general; so it is not given to the one with whom the child will surely perish. Therefore custody is not given to a child or the one that is insane, because each of them is unable to undertake it. This is because they themselves are in need of custody, so how could they look after another? And it cannot be given to the one with whom the child will surely be ignored, due to negligence or preoccupation with their own activities which detracts from their ability to look after the child. Or because they are characterised with attributes such as Fisq (transgression) for example, which by its nature will corrupt the upbringing of the child, since corruption is considered a form of destruction.