Question:
What are the required terms for the conversion of children to Islam to be accepted and valid?
Answer:
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his family, companions and all those that follow his teachings to the day of judgement.
Mukadimah
The conversion of children to Islam can happen in two situations:
- The child has to pronounce the syahadah
- The child follows the religion of his/her parents that embraces Islam
Before we discuss this issue further, we would like to explain the definition of a child which is synonymous to an underage person or known in Arabic term as الصغار (al-Sighaar)
According to Kamus Dewan 4th Edition, a “child” is defined as an underage boy or girl (usually below the age of 7 or 8 years old). [1] While an adolescent refers to someone that starts to become an adult, reached puberty, and is of age to marry. [2]
However, Section 2 (1) Children’s Act 2001 states that a child is: “someone that is under the age of eighteen years old.”
In Arabic language, Ibn Manzhur in his book Lisan al-Arab said: الصغار (al-Sighaar) in the literal sense means less in size or less in age, thus he is saghir (small). It is the antonym for big.
However according to Islamic terminology: it is a characteristic of everyone from birth until he dreams (reaches puberty). (See Kasyf Al-Asrar by al-Bazdawi, 4/1358)
These definitions show that there are different interpretations as to what a child means. Sometimes it is considered as someone below the age of seven or eight and others under the age of eighteen years old. Fortunately, in Islam a child is consistently referred to anyone that hasn’t reached puberty.
The child pronounces the syahadah
The majority of Islamic scholars said that the conversion of mumayyiz children (a child that can discern what is right or wrong and the difference between a man and a woman) to Islam is accepted and valid from the Islamic perspective. They referred to the following evidences:
- Saiyidina Ali bin Abi Talib RA embraces Islam when he was a child.
- The Prophet PBUH said:
مَا مِنْ مَوْلُودٍ إِلَّا يُولَدُ عَلَى الفِطْرَةِ
“Every child is born in a state of fitra,”
Sahih al-Bukhari (1357) and Sahih Muslim (2658)
The state of fitra according to famous opinion of the scholars is Islam. (Refer Fath al-Bari (3/315)
On another hand, the opinion of the minority scholars and a strong opinion in mazhab al-Syafie states that the conversion of mumayyiz children in unaccepted and invalid because of the following:
- Children do not have the capability to form any contracts or act as a witness
- The hadith about the conversion of Saiyidina Ali to Islam happened after he has reached puberty as explained by Imam Ahmad bin Hanbal. However, Imam al-Baihaqi said that the hadith is before Saiyidina Ali reached puberty and Imam al-Subki agreed, but it cannot be used because in the early days of Islam, the Islamic law is subjected to the age of mumayyiz but after Khandaq war, the ruling is abrogated when a hadith is revealed to the Prophet PBUH and the new age for a child is until he reached puberty or of fifteen years of age (Qamariyyah year). The hadith revealed is narrated by Saiyidina Ali bin Abi Talib RA, the Prophet PBUH said:
رُفِعَ الْقَلَمُ عَنْ ثَلَاثَةٍ، عَنِ الصَّبِيِّ حَتَّى يَبْلُغَ، وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ، وَعَنِ المَعْتُوهِ حَتَّى يَبْرَأَ
"The pen has been lifted from three: From the sleeper until he wakes up, from the minor until he grows up, and from the insane until he comes back to his senses or recovers."
Sahih Abi Daud (4402)
However, the scholars that hold this opinion suggests that the child is cared for by a Muslim to prevent the child from being influenced by his parents that haven’t converted to Islam or cared by one of the parents that is a Muslim with their permission. However, if they refuse to give permission, the child is to be put back under his parents’ care. But Imam al-Subki said it is obligatory to protect the child’s religion. (Refer Mughni al-Muhtaj, 3/609)
Part of Syafiites scholars, for example al-Suyuti is of the opinion that the conversion of a child to Islam is accepted and valid when the child pronounces the syahadah. They referred to the narration from Muslim al-Tamimi RA:
بَعَثَنَا رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فِي سَرِيَّةٍ فَلَمَّا هَجَمْنَا عَلَى الْقَوْمِ تَقَدَّمْتُ أَصْحَابِي عَلَى فَرَسِي فَاسْتَقْبَلَنَا النِّسَاءُ وَالصِّبْيَانُ يَضِجُّونَ فَقُلْتُ لَهُمْ: تُرِيدُونَ أَنْ تُحَرِّزُوا أَنْفُسَكُمْ؟، قَالُوا: نَعَمْ، قُلْتُ: قُولُوا: أَشْهَدُ أَنْ لَا إِلَهَ إِلَّا اللهُ وَأَنَّ مُحَمَّدًا عَبْدُهُ وَرَسُولُهُ فَقَالُوهَا فَجَاءَ أَصْحَابِي فَلَامُونِي، فَقَالُوا: أَشْرَفْنَا عَلَى الْغَنِيمَةِ فَمَنَعْتَنَا ثُمَّ انْصَرَفْنَا إِلَى رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ: مَا تَدْرُونَ مَا صَنَعَ؟، لَقَدْ كَتَبَ اللهُ لَهُ مِنْ كُلِّ إِنْسَانٍ كَذَا وَكَذَا مِنَ الْأَجْرِ ، ثُمَّ أَدْنَانِي مِنْهُ
“The Prophet PBUH sent us to war, as we are approaching our enemies, I precede my companions riding my horse. We then met women and children crying in fear, I said to them: “Do you want to save yourselves?” They answered; “Yes,”. I said: “Pronounce that there is no god other than Allah and Muhammad PBUH is Allah’s messenger,”. Then they pronounce the syahadah. My companions say: “We nearly got the spoils of war, but you interfered”. Then we went back to Prophet PBUH and he said: “Do you know what he (Muslim al-Tamimi) has done? Indeed, Allah SWT has wrote for him each person like this, that way (certain rewards for Muslim)” Then he approached me,”.
Sahih al-Tabarani in al-Mu`jam al-Kabir (1052), Abu Daud in his Sunan (5050), and Ibn Hibban in his Sahih (2022)
Imam al-Suyuti referred to this hadith saying:
“(Accepting the syahadah of children) does not deny the hadith (hadith about Ali above). Indeed, the laws pertaining the accountability of a child is the same as the child’s accountability for other worships like the laws and validity for the child’s fast, prayer, hajj and others. Then the child’s Islam (religion) is also accepted and valid.”. (Refer al-Asybah wa al-Nazair, pg. 221)
Imam Ibn al-Qayyim said in Ahkam Ahl al-Dzimmah (2/906): “The Prophet PBUH never denies the syahadah of anyone, may it be children, adults, a free man, slaves, man or woman. The Prophet PBUH himself as well as the four caliphs of Islam and the prophet’s companions never commanded the children that embraces Islam before puberty to renew their syahadah. This has never been done in Islamic history.”
This ruling is supported by a hadith narrated by Anas bin Malik RA:
كَانَ غُلاَمٌ يَهُودِيٌّ يَخْدُمُ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَمَرِضَ، فَأَتَاهُ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَعُودُهُ، فَقَعَدَ عِنْدَ رَأْسِهِ، فَقَالَ لَهُ: أَسْلِمْ، فَنَظَرَ إِلَى أَبِيهِ وَهُوَ عِنْدَهُ فَقَالَ لَهُ: أَطِعْ أَبَا القَاسِمِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَأَسْلَمَ، فَخَرَجَ النَّبِيُّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ وَهُوَ يَقُولُ: الحَمْدُ لِلَّهِ الَّذِي أَنْقَذَهُ مِنَ النَّارِ
“A young Jewish boy used to serve the Prophet (ﷺ) and he became sick. So the Prophet (ﷺ) went to visit him. He sat near his head and asked him to embrace Islam. The boy looked at his father, who was sitting there; the latter told him to obey Abul-Qasim and the boy embraced Islam. The Prophet (ﷺ) came out saying: "Praises be to Allah Who saved the boy from the Hell-fire."
Sahih al-Bukhari (1356)
Imam Ibn Hajar al-Asqalani when commenting on this hadith said that he agrees with the opinion that the child’s syahadah is valid and accepted, and this hadith is also an evidence that shows the permissibility of preaching about Islam to children. He said if the child’s syahadah is not valid then there is no benefit for the Prophet PBUH to ask the child to embrace Islam. The same goes when the Prophet PBUH said that Allah has saved the boy from hellfire, that proves the validity of the child’s conversion to Islam because if the child grows up and be a disbeliever, he would surely enter hell. (Refer Fath al-Bari, 3/221)
In this issue we emphasize the opinion of the majority of Islamic scholars that say that it is accepted and valid for a mumayyiz child to convert to Islam to protect the child’s religion and faith. This opinion is supported by Brunei Government’s Mufti, Pehin Datu Seri Maharaja Dato Paduka Seri Setia Dr Ustaz Haji Awang Abdul Aziz bin Juned in the fatwa (ruling) that was issued in 2002. (Refer Fatwa Mufti Kerajaan Negara Brunei Darussalam, pg. 151-160)
However, if the child has reached puberty, but hasn’t reached eighteen years old, the ruling for his syahadah is valid according to the opinion of majority of Islamic scholar. He however, cannot legally change his religion according to Item 12 of the Federal Constitution unless consented by his / her parents.
A child’s religion is the same as the child’s Muslim parent
For a child that hasn’t reached puberty, when the child’s parents or one of the child’s parent embraces Islam, then the child will automatically be a Muslim according to al-Tabi’yyah legal maxim. Allah SWT states:
وَالَّذِينَ آمَنُوا وَاتَّبَعَتْهُمْ ذُرِّيَّتُهُمْ بِإِيمَانٍ أَلْحَقْنَا بِهِمْ ذُرِّيَّتَهُمْ
“And those who believed and whose descendants followed them in faith - We will join with them their descendants in paradise,”
Surah al-Tur (21)
Allah SWT states:
وَلَنْ يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلًا
“And never will Allah give the disbelievers over the believers a way [to overcome them].”
Surah al-Nisa’ (141)
An Islamic legal maxim states:
التَّابِعُ تَابِعٌ
“The ruling for a follower is the same as the followed,”. (Refer al-Asybah wa al-Nazair by Imam al-Suyuti pg. 228)
Imam al-Nawawi said: “If one of the child’s parents embraces Islam since the child is still in the mother’s womb in the alaqah phase then the child is a Muslim. Thus, when the child reached puberty and said that he is a disbeliever then he has renounced Islam (murtad).”. (Refer Minhaj al-Talibin, pg.177)
Consequently, if the child is less than eighteen years old and hasn’t reached puberty, he automatically become a Muslim when one of his parents embraces Islam even without him pronouncing the syahadah.
However, if the child has reached puberty, then even when his parents or one of his parents embraces Islam the child cannot be forced to embrace Islam. Allah SWT states in the Quran:
لا إِكْرَاهَ فِي الدِّينِ
“There shall be no compulsion in [acceptance of] the religion.”
Surah al-Baqarah (256)
Imam Ibn Jarir said in his commentaries of this verse: “Some Islamic scholars said that the reason for this verse’s revelation is because there was an Ansar man that has children that has grown into adults that are Christians (or Jews).When the man embraces Islam he wants to force his children to embrace Islam but Allah prohibits him from doing so and ask for his children to choose to embrace Islam themselves”. (Refer Jami’ al-Bayan, 5/407-414)
Coercion in forcing someone to embrace Islam can nullify the validity of the person’s conversion to Islam. If this happens, the person is free to stay as a Muslim or his original religion without falling under Islamic law of renouncing Islam. Syeikh Prof Wahbah al-Zuhaili said: Coercion falls under two categories:
- Complete coercion (al-mulji’ coercion): Which means someone is coerced completely that he is unable to make a choice, for example; a threat to his life, his body, a harsh beating that can cause severe body injuries or the mass destruction of his property. This type of coercion denies his rights and ability to make a choice
- Incomplete or truncated coercion: is a threat that doesn’t involve his life or injure his body but a threat for a light beating or prison sentence, destruction of some of his property, or mistreating him (example: refuse to raise his pay or demotes him). This type of coercion denies his rights but does not affect his ability to make a choice.
According to Imam al-Syafie, there is only one type of coercion and that is complete coercion (al-mulji’ coercion) and other than that is not considered as coercion. (Refer al-Fiqh al-Islami wa Adillatuh, 4/3064)
From this perspective, it is understood that if someone is coerced to do something, but the threat does not affect the five important things that cannot be completely destroyed according to Islamic law which are; life, religion, thoughts (mind), ancestry or property than it is not considered as coercion.
From Islamic perspective, a child is considered an adult (has reached puberty) only when he experienced wet dream or reaches fifteen years of age for boys or for girls when she starts menstruating. (Refer Minhaj al-Talibin by Imam al-Nawawi pg. 171)
For children under the age of eighteen but has reached puberty and one of his parents embraces Islam, he is not automatically considered a Muslim because he is considered an adult and mukallaf (religiously responsible for his actions) and if he pronounces his syahadah then there is no doubt that it is valid and accepted.
Under Malaysia’s legislative system, a child under the age of eighteen years old can be coerced to follow his parents’ religion even if he has reached puberty. This is in accordance with Item 12 Federal Constitution Malaysia that states:
- No one is asked to accept any religion or take part in any religious sects or participate in any type of worship except for his own religion
- Clause (3) of the Religious Act states that someone under the age of eighteen must follow the religion set by his parents or guardian
Prerequisites for children to embrace Islam
We list down the prerequisites for children to embrace Islam:
- The child can pronounce the syahadah
Section 85 (1) Islamic Law Administration Act (Federal Territories) 1993 states:
- The person must pronounce the syahadah as clear as possible in Arabic
- When pronouncing the syahadah he must know the phrases meaning are “I bear witness that there is no god except Allah, and I bear witness that the Prophet Muhammad PBUH is His Messenger,”
- The pronouncing of the syahadah must be of his own free will
Section 92 (2) states that the syahadah can be done using sign language for people that cannot speak.
- The child has developed intellectually (can discern what’s right and wrong)
Islamic scholars set the age of 10, 9, 7 years old since that is the age that children are asked to pray, some even saying as young as 5 years old. A famous opinion from mazhab Hanbali said there are no set age for children to embrace Islam. (Refer Ahkam Ahl al-Dzimmah, 2/910)
Section 95 (1) states that someone can embrace Islam when he has developed intellectually, reached an age of eighteen years old, or if he hasn’t reached eighteen years old he must have his parents’ or guardian’s permission.
Conclusion
According to the statements above, we can conclude that:
- Children that hasn’t reached puberty is automatically a Muslim when one of his parents embraces Islam whether or not he is mumayyiz or not even if he refuses.
- Children that has reached puberty is considered an adult. Thus, if he embraces Islam his syahadah is valid and accepted even if his parents are against it. However, he cannot change his religious status to Muslim legally. The same applies to if his parents embrace Islam, they cannot force the child to embrace Islam, but they can legally change his religious status to be a Muslim according to Malaysian legislation system because the religion of a child under the age of eighteen is in accordance of his parents.
- A mumayyiz child that hasn’t reached puberty that embraces Islam, his syahadah is not valid when his non-Muslims parents are against it according to a strong opinion in mazhab Syafie. However, majority of Islamic scholars hold the opinion of the syahadah is valid and accepted. We are inclined to accept this opinion in order to protect the religion and faith of the child.
- When an intellectually developed non-Muslim child pronounces his syahadah it is valid and accepted.
May the explanation above give an understanding to the questioner. Wallahu’alam.
References