Children

Rule (1367) The children of a woman are related to her husband in both the permanent and temporary marriages with the following conditions. (a) Performing sex, and certainty of semen discharge or the possibility of such thing or discharge outside around the female organ. (b) Passing of six months from the time of sex or the like. (c) Not exceeding the maximum time of pregnancy; nine months or ten months or a year. The first case is well known and the last case is supported by more clear reasons.

Rule (1368):If the husband is away from the wife for more than the maximum time of pregnancy and a child is born the child will not be related to him.

R~ (1369):The words of the husband are accepted about not having sex and if he professes it and then denies the child, the child is not refused except by means of LI'AN '(sworn allegation of fornication' in the case of permanent marriage.

Rule (1370):It is not lawful for a fornicator to relate the child to himself although he may marry the mother after fornicating her; the same rule applies if he fornicates a slave girl, makes her pregnant and then buys

Rule (1371) If a free woman or a slave girl after divorce is married to another man and she brings a child within less than six months from the second marriage and the second husband's sex the child is related to the first husband and it proves the second marriage's taking place during the waiting period after the divorce, thus, she becomes unlawful for the second husband forever.

If the child is born after six months from the time of sex the child is related to the second husband, regardless, it is possible for it to belong to the first husband like the birth's taking place within the maximum time of pregnancy from the last sex with first husband or there is no such possibility. If the child is born in less than six months after sex with second husband and after the maximum time of pregnancy after the last sex with the first husband the child will be related to none of them.

Rule (1372) If a woman is divorced and a man does sex with her during a waiting period other than that for a revocable divorce by mistake and because of confusion the child cannot be related to anyone it is said that the case is decided by drawing lot and it also is said that the child is related to the second man and perhaps it is more clear. The same rule applies if in a temporary marriage the husband waives his time or it expires and a man does sex by mistake and because of confusion the child cannot be related to any one. Also if one does sex with his wife during her waiting period after a revocable divorce by mistake if the child can be related to someone it is decided accordingly, otherwise, by casting lot.

Rule (1373) If two wives of two husbands or of one husband give birth and the children get mixed beyond distinction (and if every other means fails) the case is decided by casting lot.

Rule (1375) If a stranger performs sex by mistake and she gets pregnant the child is related to him and if she is married she returns to her husband after completing the waiting period from the second.

Rule (1376) Sex by mistake means a sex to which one is not entitled but he thinks he is entitled, regardless, he could legally and reasonably be excused or not.

Rule (1377) If a woman inserts a stranger's semen into her vagina she has committed a sin and the child is related to her and the owner of semen, if the child is a female it is not lawful for the owner of semen to marry her; the same rule applies if the semen belongs to her husband except that she has not committed any sins in this case.

Rule (1378) It is lawful for a woman to use contraceptives if it does not cause a major harm although the husband may not agree.

Rule (1379) Abortion is not lawful even if it is only a sperm just entered the ovum in the womb and blood-money must be paid for the creature just conceived; as it will be dealt with later in the section on the rules of inheritance.

Rule (1380) If one does sex to his wife and she does lesbian sex with a virgin who becomes pregnant the wife is stoned and the virgin is whipped and the wife also is liable for the virgin's dowry and the child is related to the owner of sperm as well as to the virgin because of a Hadith on the matter.

Rule (1382) It is preferable to both the new born, say Adhan in the right ear and Eqamah in the left ear and make the child taste a little of the soil from the grave of IMAM HUSSAIN (A S.) and some water from EUPHRATES and name him with the names of the Prophets or IMAMS (AS.) and if the name is Muhammad his second must not be made 'ABUL QASIM', shave his head on the seventh day and arrange 'AQIQA' a feast after this and give charity by the weight of the hair of the child's head in gold or silver and pierce a little hole through the lower end of his ear, and circumcise him on that day; circumcision is obligatory at maturity if it is not done before and reduce (the small bump in their private organ ) the girls even if they are mature it is better to do this to girls after they are seven years old.

Rule (1383) It is preferable to feast with a ram for boys and sheep for girls, the animal should be healthy and meaty. In some Hadith it is said that the animal should be a meaty one and it is undesirable for the father to eat of the meat of such animal or the dependents of father. According to the precautionary rule the mother should also not eat such meat. The animal can be a sheep, a cow or small camel. The best is a ram. It is said that it is detestable to break the bones of the animal. It is preferable to give the nurse 1/4 of meat and give the rest to believers. Better than this is to make a feast and invite ten people or more and it is better to cook only meat and salt. The practice of wrapping the bones with a white sheet and burying them has no ground.

Rule (1384) If one reaches maturity and 'AQIQAH' the birth feast is not done for him, it is preferable for him to arrange the 'AQIQAH' feast for himself.

Rule (1385) It is not enough to give in charity the cost of 'AQIQAH' if a sacrifice is offered for this it is sufficient for 'AQIQAH'.

Rule (1386) The best person to breast-feed the child is the mother and a free mother is entitled to be paid by the father if the child does not have any property, otherwise, payment is made from his property and if the father is dead payment is made from the property of the child if any, otherwise, from the property of the guardian of whose dependent is the child as it will be mentioned later. The mother can not be forced to breast-feed her child.

Rule (1387) The duration of breast-feeding is two years and it is permissible to increase it and the minimum is twenty one months according to the well known view. The mother has the priority over the other women if she agrees to breast-feed for the same amount of wages as the other women or volunteers for it.

Rule (1388) The mother is more rightful for the custody of the child if she so desires and she is a free Muslim, wise and trustworthy toward the child for two years even if the child is female. It is better to leave the child in the custody of the mother for seven years even if the child is male. Her right of custody loses effect if she marries someone but not if she fornicates.

Rule (1389) If the father dies after the custody is transferred to him or he is a slave or a disbeliever or insane, the mother is more rightful to the custody until the child is mature than the executor of the father's will, the grand-father and grand-mother and other relatives even if she has married someone.

Rule (1390) If the mother dies during the time of her being the custodian of the child, the father is more rightful to the custody than the executor of the will of the mother, her father and mother and her other relatives. If both parents die, the grandfather from the fathers' side is more rightful for the custody and in the event of his death the executor of any of the parents' will is the custodian and if he is no more; establishing of custody right for the nearest relatives is objectionable.

Rule (1391) If the child becomes mature the guardianship of parents does not remain effective in his case. He has the choice to live with any one of them or join someone else.

Rule (1392) If the mother asks for breast-feeding wages which is higher than what others ask, if there is someone who does it voluntarily and the father also wants someone other than the mother to breast-feed, in such case, to say her right of custody ineffective is objectionable although according to a more clear reason it does not remain effective any longer.

Rule (1393) If she marries and loses her right of custody whether or not such right can be re-established by divorce from the second marriage there are two views about it according to a more strong view the negative is true.

Rule (1394) The right of custody of mother can be dropped and waived but not the right of custody of father or grand father.

Rule (1395) Apparently, the mother is entitled to receive payment as custodian of the children, provided, she has not volunteered or some volunteer is not available.

Rule (1396) If the father or others get the child from the mother's custody even in a hostile manner the father does not have to compensate for her right of custody.