In this program our guests are Mrs. Masiha Fayez, the person in charge of aids programs support office for women and Ustad Lutfullah Haq Parast and there are some questions regarding the issue by people as well.
Hadanat word means right of protecting, keeping and educating of a child, on the other hand it means to undertake protecting of a child (washing, growing and clothing of a child). Islam pays attention on maternal affections on child and attentiveness regarding boys and girls according to the love of their parents. Afghanistan civil law has written right of child fostering in two drafts. 249 draft of civil law indicates that fostering of a child is ended in 7 years old and for girls is ended in 9 years old. According to this draft, boys and girls have not foster right on their parents after 7 and 9 years old. Keeping of children is important and civil law indicates in draft No 250 that according to the court decision, duration of fostering of children could be prolonged, but there is a condition that it should not be lengthened from two years. Civil law draft No 243 indicates that if someone looses right Hadanat (fostering of child) due to some reasons and if the reason would be destroyed it could be returned again. For example, if someone has lost right of Hadanat (fostering of a child) due to addiction and when he/she leaves the addiction he can go to the court and the court can return his right to him according to the wish of child.
Question: Mrs. Masiha Fayez, what is the Hadanat according to your point of view?
Answer: Hadanat means to foster, protect, keep, provide cloth and educate the child and Hadanat is Arabic word which means to embrace and foster the child.
Question: what are parents’ obligations to provide privileges and rights for their children?
Answer: as it is clear that the children need more protecting, fostering, keeping and educating that includes feeding, providing cloth, paying attention on their health and etc.
Question: when the right of Hadanat is being enforced on a man/woman?
Answer: when a child be born his/her parents must provide rights of Hadanat for the child, but when a husband and wife want to be separated from each other, the court makes decisions according to age of the children. For example, if girl has more than 9 years old and boy has more than 7 years old, the right of Hadanat (fostering of a child) is given to the mothers, because girls need their mothers and I can say that the girls are near to their mothers according to the court law. Based on the court law, mothers could keep their daughters till they reach 11 years old.
Question: Mrs. Masiha Fayez, please give information regarding divorce (Talaq)?
Answer: Talaq (divorce) means dissolution between husband and wife. Divorce is the right of a husband and separation is the right of wife. However, it should be talked about Hadanat that the Ulamas point of views are different about fostering of a child and some of them believe that Hadanat (fostering) is a right and some of them say that Hadanat is either right or obligation. But numbers of Ulamas believe that the Hadanat (fostering) is neither right nor obligation. For example, if mother asks money from husband to foster the child and we can say that the Hadanat is a right and if mother dose not want to keep the child and father dose not accept to foster the child, in this case law forces the father to keep and foster the child, so that we can say Hadanat (fostering) is either the right or obligation.
Question: Mrs. Masiha please provides some information regarding what law drafts on Hadanat (forstering) in our country?
Answer: there are many laws regarding Hadanat in our country, for example Afghan civil law was made in 18 drafts on Hadanat (fostering).
Question: Mrs. Fayez as you know that the civil law indicates that the girls age is 9 and the boy age is 7 years old to receive Hadanat, Dose Islami rules pay attention on such laws or not?
Answer: as I reminded before in civil law draft No 249 that these laws originated from Sharia law, but there are many different points of views in Sharia law regarding fostering of a child. Numbers of Ulamas believe that the Hadanaat is a right of an individual which is portable or drop-able. The individual who is the owner of this right is deserve to pay this right and according to this view, mother is deserve to receive this fostering right to keep her child. The other Ulamas believe that the Hadanat is either right or obligation, so the Mothers are not deserve to receive the Hadanat rights and some of the Ulamas believe that it should put separation between parents regarding right of Hadanat (fostering).
Question: Mrs. Fayez, you reminded before about receiving of wages, please provides more information regarding this issue?
Answer: Islam religion recommended about paying of wage to keep or foster children to pay appreciation on mothers who are undertaking many problems and difficulties, however fathers have no obligation regarding this issue, but it is only showing problems of mothers and fathers are recommended to do such acts.
Question: Afghanistan civil law draft No 251 indicated that if fathers would have fostering of their children and he can not do such action due to many reasons, court can give the child to second or third people to foster the child, please provide more details regarding this draft (251).
Answer: at first, mothers have the right to keep or foster their children, however if mothers are not present due to some problems and other factors, fathers are deserved to keep and foster the children. If father is not able keep or foster the children or have mental or health problems, according to the decisions of court, second or third people can keep or foster the children, but if there is nobody to keep or foster the children correctly the court will submit the children to a charity or orphanages.
Question: Ustad Haqparast, according to the law, could you say that in what ages of children parents should undertake children responsibility?
Answer: as Hadanat (fostering) meaning indicated that according to the law, mothers are deserved to keep, foster, and protect their children correctly if they could. Hadanat has three important conditions: at first, wise, secondly adult and thirdly honest, if mother has no such conditions father is being deserved to keep or foster the children.
Question: Ustad Haqparast, mothers have the right to keep or foster their children when the children are being under age, but when the children become big, how the Hadanat is?
Answer: according to the civil laws which are generated from Islam religion, age of fostering for boy is 7 years old and for girls is 9 year old and if it needs it can be prolonged for two years for girls as well. If it would be in every level, mothers have the right to keep, protect and foster their children at first. As it is narrated that a couple came to Prophet Mohammad peace be upon him and Omar-e-Farooq (may god be plcased with him) to ask right of Hadanat (fostering of children) and they both preferred the mothers to foster, keep, protect and support the children.
Question: Mrs. Masiha, according to your point of view, the age of fostering is low isn’t it?
Answer: absolutely the age of fostering for children is so low and according to this problem, Afghan government established family law and the problems are written in it. The age of boy 15 and age of girl till her marriage which is written in it as well?
Question: a resident Mohammad Amin asked about enforced laws and asked is it implemented in our society?
Answer: mostly, the rules were implemented in the past according to the situation, but currently the rules could open its way in our society and if anybody disobeys from rules he will be punished.
Question: Ustad Haqparast, if the rules would be implemented or not be executed in our society, how the right of fostering (Hadanat) could impact on children live?
Answer: keeping, protecting, fostering and educating are extremely important and vital for children, as our prophet Mohammad Peace be upon him saying that the first fostering of mother is a biggest university for the child. Therefore, if children are correctly nurtured during this period it means that the future of government and country may be improved, otherwise the country may have a corrupt society.
Question: Mrs. Fayez, if the right of fostering (Hadanat) is not given to the children, what negative effects will be put on children’ future and as well as on society?
Answer: If rights of Hadanat (fostering) dose not give to the children they will face with violence, fighting, loose of right and many other problems.
Question: what issues should be considered to extend the right of Hadanat and dose it extend to several time for boy or girl?
Answer: according to the Afghanistan civil law, the extension of right of Hadanat could be prolonged fore girls at once only and it has just a traditional aspect and has no Islamic or legal aspects.
Question: Ustad Haqparast, according to your viewpoint, do the families have information regarding these rights or not?
Answer: as we know that many of our countrymen are being Muslim just by saying of their tongue, but they have no information regarding their religion and Islam as well as they got little information about law. Right of Hadanat is so important and vital for children that Prophet Mohammad peace be upon him say that if everybody has done right of Hadanat (fostering) he will become alive with him, but unfortunately in our society right of Hadanat (fostering) is an ordinary issue and many of our people do not do the right of Hadanat correctly. As my viewpoint, inattention of our society regarding right of fostering caused to not pay attention in its importance.
Question: what do you consider about inattention of people and non-execution on right of Hadanat?
Answer: the first problem is people have no information regarding right of child’s fostering and secondly the separation of the parents which put negative effects on our society. For example, Islam religion considers divorce as unpleasant issue, but considers as legal action and our society has extraordinary sensitiveness regarding separation of a wife from her husband. People are considering that the mother has the right to keep and foster her child. According to the father’s violence on mother, he takes children from their mothers. There is some issues that when the children be born they are separated from their mothers, finally they put negative effects on our society.
Question: how we can aware our people about rules which described right of children fostering?
Answer: there are many ways to aware our people about right of Hadanat. There are mass media, Imam of mosques, Madrassah, schools, establishing of workshops, seminars to aware people on right of children fostering.
Question: a resident by the name of Mohammad Younis asks Ustad Haqparast that could the role of Ulama is effective about the right of children fostering?
Answer: as all people know that the role of Ulama is so effective to highlight public views, because we are living in a religious society and our people believe on religion issues which described by Ulamas. Therefore, if the ground would be paved by media for Ulamas to preach and convey the massage of Islam religion through the media they play key role to highlight the public views.
Question: Mrs. Fayez, could you tell that right of children fostering is executed by parents by force after separation of wife and husband, if not so, will they be punished or not?
Answer: as it is said before that the right of children fostering caused different discussion among Ulamas and right of children fostering is not executed by force, but it has different discussion regarding the issue, however disobeying of right of children fostering is not considered as punishment.
Thanks from those who are hearing this program as well as from our guests.
