ORPHAN IN

QURAN
83. Section 10. And remember We took a Covenant from the Children of Israel (to
this effect): Worship none but Allah; treat with kindness your parents and
kindred, and orphans and those in need; speak fair to the people; and practice
regular charity. Then did ye turn back, except a few among you, and ye backslide
(even now).

177. Section 22. It is not righteousness that ye turn your faces towards the East
or West; but it is righteousness--to believe in Allah and the Last Day, and the
Angels, and the Book, and the Messengers; to spend of your substance, out of love
for Him, for your kin, for orphans, for the needy, for the wayfarer, for those
who ask, and for the ransom of slaves; to be steadfast in prayer, and to practice
regular charity; to fulfill the contracts which ye have made; and to be firm and
patient, in pain (or suffering) and adversity, and throughout all periods of
panic. Such are the people of truth, the Allah-fearing.

179. Practical deeds of charity are of value when they proceed from love,
and from no other motive. In this respect, also, our duties take various
forms, which are shown in reasonable gradation: our kith and kin; orphans
(including any persons who are without support or help): people who are in
real need but who never ask (it is our duty to find them out, and they come
before those who ask); the stranger, who is entitled to laws of
hospitality; the people who ask and are entitled to ask, i.e., not merely
lazy beggars, but those who seek our assistance in some form or another (it
is our duty to respond to them); and the slaves (we must do all we can to
give or buy their freedom). Slavery has many insidious forms, and all are
included.

187. A verbal will is allowed but it is expected that the testator will be
just to his heirs and not depart from what is considered equitable. For
this reason definite shares were laid down for heirs later (see. Sura 4:11.
etc.). These define or limit the testamentary power, but do not abrogate
it. For example, amongst kin there are persons (e. g., an orphan grandson
in the presence of surviving sons) who would not inherit under the
intestate scheme, and the testator might like to provide for them. Again,
there may be outsiders for whom he may wish to provide, and jurists have
held that he has powers of disposition up to one-third of his property. But
he must not be partial to one heir at the expense of another, or attempt to
defeat lawful creditors. If he tries to do this, those who are witnesses to
his oral disposition may interfere in two ways. One way would be to
persuade the testator to change his bequest before he dies. The other way
would be, after death, to get the interested parties together and ask them
to agree to a more equitable arrangement. In such a case they are acting in
good faith, and there is no fraud. They are doing nothing wrong. Islam
approves of every lawful device for keeping brethren at peace, without
litigation and quarrels. Except for this, the changing of the provisions of
a Will is a crime, as it is under all Law.

215. They ask thee what they should spend (in charity). Say: Whatever ye spend
that is good, is for parents and kindred and orphans and those in want and for
wayfarers. And whatever ye do that is good, --Allah knoweth it well.

220. (Their bearings) on this life and the Hereafter. They ask thee concerning
orphans. Say: "The best thing to do is what is for their good; if ye mix their
affairs with yours, they are your brethren; but Allah knows the man who means
mischief from the man who means good. And if Allah had wished, He could have put
you into difficulties: He is indeed Exalted in Power, Wise.

244. For Orphans the best rule is to keep their property, household, and
accounts separate, lest there should be any temptation to get a personal
advantage to their guardian by mixing them with the guardian's property,
household or accounts, -also to keep clear of any ideas of marriage, where
this fiduciary relation exists. Sura 6:152 may possibly suggest complete
separation. But it may be an economy and an advantage to the orphan to have
his property and accounts administered with the guardian's property and
accounts and to have him live in the guardian's household, or to marry into
the guardian's family, especially where the orphan's property is small and
he or she has no other friend. The test is: what is best in the orphan's
interests? If the guardian does fall into temptation, even if human law
does not detect him, he is told he is sinning in Allah's sight and that
should keep him straight.

506. Among the most wonderful mysteries of our nature is that of sex. The
unregenerate male is apt, in the pride of his physical strength, to forget
the all-important part which the female plays in his very existence, and in
all the social relationships that arise in our collective human lives. The
mother that bore us must ever have our reverence. The wife, through whom we
enter parentage, must have our reverence. Sex, which governs so much of our
physical life, and has so much influence on our emotional and higher
nature, deserves-not our fear, or our contempt, or our amused indulgence,
but-our reverence in the highest sense of the term, With this fitting
introduction we enter on a discussion of women, orphans, and family
relationships.

2. To orphans restore their property (when they reach their age), nor substitute
(your) worthless things for (their) good ones; and devour not their substance (by
mixing it up) with your own. For this is indeed a great sin.

507. Justice to orphans is enjoined, and three things are particularly

mentioned as temptations in the way of a guardian: (1) He must not postpone
restoring all his ward's property when the time comes; subject to Sura 4:5
below. (2) If there is a list of property, it is not enough that that list
should be technically followed: the property restored must be of equal
value to the property received: the same principle applies where there is
no list. (3) If property is managed together, or where perishable goods
must necessarily be consumed, the strictest probity is necessary when the
separation takes place, and this is insisted on. See also Sura 2:220 and
Verse note.

3. If ye fear that ye shall not be able to deal justly with the orphans, marry
women of your choice, two, or three, or four; but if ye fear that ye shall not be
able to deal justly (with them), then only one, or (a captive) that your right
hands possess. That will be more suitable, to prevent you from doing injustice.

508. Notice the conditional clause about orphans, introducing the rules
about marriage. This reminds us of the immediate occasion of the
promulgation of this verse. It was after Uhud, when the Muslim community
was left with many orphans and widows and some captives of war. Their
treatment was to be governed by principles of the greatest humanity and
equity. The occasion is past, but the principles remain. Marry the orphans
if you are quite sure that you will in that way protect their interests and
their property, with perfect justice to them and to your own dependants if
you have any. If not, make other arrangements for the orphans.

510. This applies to orphans, but the wording is perfectly general, and
defines principles like those of Chancery in English Law and the Court of
Wards in Indian Law. Property has not only its rights but also its
responsibilities. The owner may not do just what he likes absolutely; his
105
right is limited by the good of his family of which he is a member, and if
he is incapable of understanding it, his control should be removed. This
does not mean that he is harshly dealt with. On the contrary his interest
must be protected, and he must be treated with special kindness because of
his incapacity.

6. Make trial of orphans until they reach the age of marriage; if then ye find
sound judgement in them, release their property to them; but consume it not
wastefully, nor in haste against their growing up. If the guardian is well-off,
let him claim no remuneration, but if he is poor, let him have for himself what
is just and reasonable. When ye release their property to them, take witnesses in
their presence: But all-sufficient is Allah in taking account.

514. I have resisted the temptation to translate "next to kin," as this

phrase has a technical meaning in Indian Law, referring to certain kinds of
heirs, whereas here the people meant are those whose inheritance is to be
divided. The shares are specified. Here the general principles are laid
down that females inherit as well as males, and that relatives who have no
legal shares, orphans, and indigent people are not to be treated harshly,
if present at the division.

8. But if at the time of division other relatives, or orphans, or poor, are

present, feed them out of the (property), and speak to them words of kindness and
justice.

10. Those who unjustly eat up the property of orphans, eat up a Fire into their
own bodies: They will soon be enduring a blazing Fire.

36. Serve Allah, and join not any partners with Him; and do good--to parents,
kinsfolk, orphans, those in need, neighbors who are near, neighbors who are
strangers, the Companion by your side, the wayfarer (ye meet), and what your
right hands possess: For Allah loveth not the arrogant, the vainglorious; --

636. Again and again is it impressed on the community of Islam to be just

in their dealings with women, orphans, children, and all whose weakness
requires special consideration. The law about widows and orphans,
inheritance, dower, and marriage had already been declared in Sura 4:2-35
and further instructions are now given on a further reference. It was not
right that anyone should take advantage of their helpless position to
deprive them of dower or of their portion in inheritance.

637. Cf. Sura 4:75 Verse note 592. Both widows and orphans are to be
helped because they are ordinarily weak ill treated, and oppressed. In
communities which base their civil rights on brute strength the weaker go
to the wall, and public opinion expects nothing else. In Nietzsche's
philosophy of the Superman that doctrine is stressed strongly, and some of
the militarist nations in our own time seem inclined to support this
reversion to our primitive instincts Even in modern democracies of the
saner sort, we are often told that it is the fate of minorities to suffer;
strength of numbers here becomes the passport to power and privilege.
Islam, while upholding sane manly views in general, enjoins the most
solicitous care for the weak and oppressed in every way-in rights of
property, in social rights, and in the right to opportunities of
development. Spiritual strength or weakness does not necessarily go with
physical or numerical strength.

152. And come not nigh to the orphan's property, except to improve it, until he
attain the age of full strength; give measure and weight with (full) justice; --
no burden do We place on any soul, but that which it can bear; --whenever ye
speak, speak justly, even if a near relative is concerned; and fulfill the
Covenant of Allah: Thus doth He command you that ye may remember.

41. And know that out of all the booty that ye may acquire (in war), a fifth
share is assigned to Allah, --and to the Apostle, and to near relatives, orphans,
the needy, and the wayfarer, --If ye do believe in Allah and in the Revelation We
sent down to Our Servant on the Day of Testing, --The Day of the meeting of the
two forces. For Allah hath power over all things.

34. Come not nigh to the orphan's property except to improve it, until he attains
the age of full strength; and fulfill (every) engagement, for (every) engagement
will be inquired into (on the Day of Reckoning).

2217. Cf. Sura 6:152, and other passages relating to orphans, e.g., Sura
2:220. If an orphan's property is touched at all, it should be to improve
it, or to give him something better than he had before,-never to take a
personal advantage for the benefit of the guardian. A bargain that may be
quite fair as between two independent persons would be, under this verse,
unfair as between a guardian and his orphan ward until the latter attains
the full age of understanding.

2218. "Ashuddahu" means the age when the orphan reaches his full maturity
of strength and understanding, say between the ages of 18 and 30. The age
of legal maturity may be 18 (as for certain purposes in India) or 21 (as in
England). For certain purposes in Muslim law it may be less than 18. In the
orphan's interest a much stricter standard is required in his case.

2220. From the context the engagements referred to would relate to

beneficial contracts connected with the orphan's property or promises or
undertakings given by the guardian or implied in the terms of his
appointment. But the words are general and may be interpreted in the
general sense. Note that this sentence does not occur in the similar
passage in Sura 6:152, where there was a discussion of social laws: it is
appropriate here, where the discussion is about the guardian's personal and
individual responsibility.

82. "As for the wall, it belonged to two youths, orphans, in the Town; there was,
beneath it, a buried treasure, to which they were entitled; their father had been
a righteous man: So thy Lord desired that they should attain their age of full
strength and get out their treasure--a mercy (and favor) from thy Lord. I did it
not of my own accord. Such is the interpretation of (those things) over which
thou wast unable to hold patience."

2425. The wall was in a ruinous state. If it had fallen, the treasure
buried beneath it would have been exposed and would certainly have been
looted, among so churlish and selfish a people. See Verse note 2419 to
verse 77 above. The treasure had been collected and buried by a righteous
man. It was not, in any sense of the word, ill-gotten gains; it was buried
expressly in the interests of the orphans by their father before his death.
It was intended that the orphans should grow up and safely take possession
of their heritage. It was also expected that they would be righteous men
like their father, and use the treasure in good works and in advancing
righteousness among an otherwise wicked community. There was thus both
public and private interests involved in all the three incidents. In the
second incident Khidhr uses the word "we", showing that he was associating
in his act the public authorities of the place, who had been eluded by the
outlaw.

4154. Here comes in envy. `If a Message had to come, why should it come to
him, the orphan son of `Abdullah, and not to one of our own great men?'

4634. The world judges by its own low standards. From a worldly point of
view, the holy Prophet was poor and an orphan. Why, they thought, should he
be so richly endowed in spiritual knowledge and power? If such a gift had
to come to a man among them, it was the right (they foolishly said) of one
of the chiefs in either the sacred city of Makkah, or the fertile gardencity
of Taif!

7. What Allah has bestowed on His Apostle (and taken away) from the people of the
townships, --belongs to Allah, --to His Apostle and to kindred and orphans, the
needy and the wayfarer; in order that it may not (merely) make a circuit between
the wealthy among you. So take what the Apostle assigns to you, and deny
yourselves that which he withholds from you. And fear Allah; for Allah is strict
in Punishment.

8. And they feed, for the love of Allah, the indigent, the orphan, and the
captive, --

17. Nay, nay! But ye honor not the orphans!

6121. Even at our own valuation, if we are favored with superfluities, do

we think of the fatherless children, or the struggling poor? On the
contrary, too many men are but ready to embezzle the helpless orphan's
inheritance, and to waste their own substance in worthless riot instead of
supplying the people's real needs.

6140. The difficult path of virtue is defined as the path of charity or

unselfish love, and three specific instances are given for our
understanding: viz. (1) freeing the bondman, (2) feeding the orphan, and
(3) feeding the indigent down in the dust.

15. To the orphan with claims of relationship,

6142. All orphans should be fed and helped. But ordinary orphans will come
under the indigent in verse 16 below. The orphans related to us have a
special claim on us. They should be near and dear to us, and if charity
begins at home, they have the first claim on us.

6. Did He not find thee an orphan and give thee shelter (and care)?

6182. (1) There is the case of the orphan, literally and figuratively. Our
holy Prophet was himself an orphan. His father `Abdullah died young before
the child was born, leaving a little property. The Prophet's mother Amina
was in ailing health, and he was chiefly brought up by his nurse Halima.
His mother herself died when he was only six years old. His aged
grandfather `Abdul Muttalib treated him as his own son, but died two years
later. Therefore his uncle Abu Talib treated him as his own son. He was
thus an orphan in more senses than one, and yet the love he received from
each one of these persons was greater than ordinary parental love.

9. Therefore, treat not the orphan with harshness,

6185. Verses 9-11 carry on, to a step further, the triple argument of
verses 6-8, as explained in the preceding Verse notes. The Prophet treated
all orphans with tender affection and respect, setting an example to his
contemporaries, who frequently took advantage of the helpless position of
orphans, and in any case looked upon them as subordinate creatures to be
repressed and kept in their place. Such an attitude is common in all ages.
Helpless creatures ought, on the contrary, to be treated as sacred trusts,
whether they are orphans, or dependants, or creatures of any kind unable to assert
themselves, either through age, sex, social rank, artificial conditions, or any cause whatever.
2. Then such is the (man) who repulses the orphan (with harshness),

References
:
(2:83, 2:177, 2:215, 2:220, 4:2, 4:3, 4:6, 4:8, 4:10,
4:36, 4:127, 6:152, 8:41, 17:34, 18:82, 59:7, 76:8,
89:17, 90:15, 93:6, 93:9, 107:2)

Source: Yusuf Ali English

Translation