Disciplining Children With Kindness - A Shi'ite Shari'a Perspective (UNICEF)
Disciplining Children With Kindness - A Shi'ite Shari'a Perspective (UNICEF)
Disciplining Children With Kindness - A Shi'ite Shari'a Perspective (UNICEF)
Spring 2008
All rights reserved. This publication is copyrighted, but may be reproduced by any methods without fee or prior permission for advocacy for child rights, but not for sale.
The statements in this publication are the personal views of the authors and do not necessarily reflect the views of the United Nations Children's Fund or any other United Nations organizations.
Translated by Siamak Delara Edited by Georgina M. Nitzsche and Sarah Mchugh Designed by Styla Advertising Co. (Tehran/Siamak Mohitzadeh) 2007 by United Nations Children's Fund I.R. Iran country office No. 216, Nezami Alley, Shahrzad Blv., Ghoba St., Shariati Ave., Tehran 19449 PO Box: 19395-1176 Tel: (+98 21) 2259 4994 Fax: (+98 21) 2259 4948 www.unicef.org/iran
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PREFACE
The recent global study on children and violence has registered physical and sexual abuse as well as neglect and exploitation of children in all societies of the world. It is particularly worrisome when such phenomena happen inside the family - the place where the child should be raised and cared for with love and kindness and be protected against violence. Discipline is important within the family, but can and should be delivered without recourse to physical punishments. There is substantial scientific evidence worldwide that violent discipline contributes to psychological and other developmental problems of the child. UNICEF is assisting countries all over the world to prevent violence against children. This assistance is based on the mission of UNICEF the children's organization of the United , Nations, to support States and societies in the realization of children's rights. The right to grow up in an environment free of violence is a fundamental human right of the child as it is of all human beings. The Convention on the Rights of the Child (CRC) in its article 19 states: "States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has care of the child." In Iran, UNICEF has worked with the government since 2005 in addressing child abuse. The cooperation includes technical assistance in legal reform, training of health workers on early detection of child abuse, establishing hotlines for children suffering from violence as well as public information and research on the issue. Many important and innovative initiatives have started since then. But the most important aspect of this cooperation is prevention. Prevention is a difficult and complex task. The roots of violence against children within the family are many. Often such problems arise as a result of growing stress on parents, in combination with the belief that corporal punishment is an effective way to control and discipline the child. Families themselves may not view corporal punishment as the violence that it is. Indeed, violent education methods undermine the ability of the child to concentrate in school, they tend to diminish the self-esteem of the child and contribute to anti-social behaviour or self-inflicted harm. Corporal punishment of children also has an ethical dimension expressed in the phrase: "Hitting people is wrong. Children are people too." All in all, any kind of neglect or physical and mental abuse is unacceptable because it negatively impacts on the health and education of children, contributes to negative social behaviour and violates their dignity and rights. We underline that all children have the right to be protected from harsh or cruel punishments, from any type of degradation or threat to their life.
In light of this, it becomes clear that coherent and sustained efforts are needed to prevent any kind of child abuse. Legal measures are necessary to protect the young and to punish the perpetrators of child abuse. Social services must be put in place to support and counsel affected children and their families. In conjunction with this, however, much needs to be done to raise awareness among all levels of society on how to prevent child abuse. Raising public awareness is not a goal in itself. It needs to be translated into something more concrete: the change of attitudes and behaviours. This is why transferring knowledge and building skills in violence-free discipline and education of parents, teachers and care-takers - in short, everyone who plays a role in the life of a child - is so crucial. In Iran, clerics and religious scholars are important partners and actors in this endeavour. They have strong influence in society and guide the thinking and action of millions of believers. They possess the moral authority to influence social opinions and social behaviour especially when it comes to marriage, family life and upbringing of children. Therefore UNICEF Iran began to seek the support and collaboration of important religious leaders and scholars of the country in the fight against violence against children. Each and every cleric or religious scholar opened the doors immediately when we asked for a meeting. All religious leaders we met expressed their concern over the fact that violence seems to govern relations between parents and children in some families - whether in Iran or in other countries. Many agreed to share their wisdom and religious perspectives on violence-free education with UNICEF and a broader audience. Based on their reading of the religious texts and an analysis of the relevant passages, the honourable religious authorities answered seven questions that expound on the correct ways of Islamic education. We are deeply grateful for the openness and the spirit of collaboration that the religious leaders of Iran have extended to us. We hope the readers of this booklet will find the religious guidance on best ways to raise the child insightful and instructive. It documents the thoughts and guidance of six eminent religious scholars who have a profound insight into the vast archive of Islamic texts and reference material related to the education, guidance and discipline of the child. Without a doubt, the variety of opinions expressed in this booklet reflect the dynamism of Shiite jurisprudence and prove that the involvement of religious leaders can play an important role in realizing the rights of children in Iran. While there exists an array of opinions related to the question of whether mild forms of corporal punishment are admissible, one strong common principle unites all statements: the best way to educate the child is with kindness and patience. UNICEF fully agrees with this principle and wishes to underline the importance of education with kindness and enforcement of discipline without violence. We believe that the best way to raise the child is to create a family environment free of violence and we hope that this booklet contributes to promotion of education with kindness in all spheres of a child's social life.
Rights can be established on paper - but they will lead to the realization of human dignity only if social action is taken. Hence, children's rights require: conducive laws; social, economic and judicial policies; services and cultural behaviour to become of practical value for children. Religious leaders, as guardians of human dignity, have always had and will continue to have special responsibility and accountability in the search and practical implementation of legal and social solutions for the problems of children. Given the long and well-established tradition of Islamic concern and care for children, there is large space for practical partnership between UNICEF and religious leaders in the field of children's rights. For example, in Iran this partnership focuses on four areas: 1. Basic research on child rights and Islam, 2. Promotion of child rights awareness in society, 3. Advocacy for highest legal standards in child rights among judiciary and parliament and 4. Advancement of child-friendly behaviour in society. This booklet on child abuse is a practical outcome of such partnership in the latter field: it aims to promote child friendly behaviour in society. Bringing together children's rights and Islam is neither as difficult as it may seem nor is it a small challenge. For this engagement to become successful it is important for religious leaders and partners from other sectors of the society to identify common grounds, learn about differences and address controversial issues step by step. From a child-rights perspective, the positions of the different religious eminencies in this booklet have important and meaningful commonalities. Their main arguments gravitate around the idea that children have rights and adults have responsibilities. These rights and responsibilities are described through various examples and arguments from the Holy Koran, from different Shiite Imams and Prophets, as well as from Islamic jurisprudence. All of the authors are deeply committed to protect the dignity of the child against all threats, based on the notion that children are a gift of God. Both concepts - the idea of the dignity of the child as well as the concept of children as rights holders and adults as duty bearers - are also fundamental to the Convention on the Rights of the Child. In addition, some of the theological contributions to this booklet include research finding and reflections on child psychology and child pedagogy. It is this ability to integrate theological wisdom, religious reasoning and modern science into the theological analysis of a contemporary social problem like child abuse that makes the Islamic texts in this booklet interesting. The triad of religion, reasoning and science constitutes the fruitful basis for the partnership between UNICEF and the Islamic thinkers to protect and realize child rights in the 21st Century.
Finally, allow me to say this: we live in a polarized world. Monologue always carries a high risk of violence while dialogue paves the way to peace. Therefore all forms of dialogue between Islamic and non-Islamic, religious and non-religious thinkers, researchers and practitioners on child rights and women's rights are not only in the best interest of children but are also important contributions to world peace and humanity - and a way to replace the so-called "Clash of Civilizations" with a "Dialogue of Civilizations."
QUESTIONS
The personal texts in this booklet highlight the main Islamic sources and guidance in response to the following seven questions: 1. What is the position of the Holy Quran and religious rules regarding child abuse?
2. What are, according to the Holy Quran and Hadith, the correct ways to educate and discipline children? 3. Considering the social and psychological impacts of child abuse, is a Muslim allowed to be insensitive to child abuse in case of observing any? What is a Muslim's religious responsibility in case of being aware/observing mistreatment or abuse of children? 4. To prevent the increase of child abuse in the society, what are the responsibilities of those involved with children including parents/caretakers, child welfare agencies officials, religious leaders, hospital workers, school teachers, policy makers and elected representatives? 5. What was the practice of the Prophet (Pbuh)1 and Imams (Pbut)2 regarding the child discipline? Have the Prophet (Pbuh) or Imams (Pbut) used violent discipline measures (such as corporal punishment) to discipline children? 6. Is there a possibility to use non-violent methods of discipline for educating the child in Islam? What is the position of religion on use of violence (or corporal punishment) by parents or teachers? 7 . According to holy Quran and Hadith, can parents and caretakers be held responsible if they behave violently towards children?
BIOGRAPHY
Ayatullah Ardebili was born in Ardebil, northwestern Iran in 1925. At the age of six, he attended a religious school for Quranic lessons. In 1943, he moved to Qom to continue his studies. Later, he lived in the Iraqi city of Najaf for more than two years, where he attended courses taught by senior scholars. In 1969, he founded the Commander of the Faithful School, a charity with a focus on cultural affairs. The institute has so far built three mosques, a cultural centre, and four universities, as well as middle and high schools, which continue to run today. Following the victory of the Islamic Revolution in 1979, Ayatullah Mousavi, in co-operation with fellow jurists, revised and rewrote Iranian penal laws and legal regulations for the justice department, ensuring the compatibility of those regulations with Shari'a Law and Islamic jurisprudence. He has since served in different scientific and executive positions including membership of the Islamic Revolution Council, National Public Prosecutor, the Experts Council and High Council for Cultural Revolution. He was also head of the judiciary. In September 1989, Grand Ayatullah Mousavi Ardebili moved to Qom. In addition to his own teaching and research, he initiated the opening of the Mofid University.
1- Vasael ol-Shiite, Chapter 2 on children, Anecdote 1, Volume 21, Page 358 2- Behar ol-Anvar, Volume 101, Page 98, Anecdote 64 3- Vasael ol-Shiite, the same, Page 359 Anecdote 6, 4- Behar ol-Anvar, the same, Page 100, Anecdote 80
this year, there is no sign of the anguish", Jesus tells God. This is what God reveals to Jesus after his comment: "The well-behaved offspring of this individual came of age, paved the paths people trod, and took an orphan under his wing. That was why I pardoned the father." (Vasael ol-Shiite, Chapter 2)5 Islamic teachings draw the attention of parents to the fact that the personality of their children is part of their own personality. In identifying the lofty status of Prophet Abraham (Pbuh), the holy Quran also names his progeny including other prophets and prominent figures. (An'am Chapter, Verses 84 - 86)6
5. The same, Chapter 2, Anecdote 5, Page 359 6. An'am Chapter, Verses 84 - 86 7. Vasael ol-Shiite, Marriage Book, Chapters 58 - 70, And Prelude to marriage, Volume 20, Page 119 - 140 and Chapters 149 - 156, Pages 251 - 258 8. Behar ol-Anvar, Volume 101, Page 81 - 84, and Vasael ol-Shiite, Marriage Book, Chapters 32 - 34 on children, Volume 21, Pages 402 - 405 9. Vasael ol-Shiite, the same, Chapters 35 - 61, Pages 405 - 446
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nurses should not be unattractive, should have no disability, their ability to breast-feed should not come as a result of having an out-of-wedlock affair, they should not be illegitimate themselves, they should not follow corrupt ideas, they should not be sinners, and they should not be unintelligent. (Vasael ol-Shiite, Marriage Book)10 E. Islamic instructions pay attention to the guardianship of the child and the people, either parents or non-parents, who take up this responsibility. (Vasael ol-Shiite, Marriage Book)11 F Islamic instructions also attach significance to maintaining the identity of the child. No . one is allowed to renounce a child who belongs to him/her under religious law. (Vasael ol-Shiite, Marriage Book)12
10. The same, Chapters 67-72, Pages 451-458, And Chapters 75-80, Pages 462-470. 11. The same, Chapter 73 and 81, Pages 459, 460, 470 - 473. 12. The same, Chapter 105, Pages 503 - 505, And Chapter 58, Pages 173 - 175. 13. The same, Chapter 83, Page 476 Anecdote 9,. 14. The same, Chapter 88, Page 483 Anecdote 3,. 15. Konz ol-Amal, Volume 16, Page 584, And Vasael ol-Shiite, the same, Anecdote 2. 16. Vasael ol-Shiite, the same, Page 484. Anecdote 6, 17. The same, Chapter 83, Page 475 Anecdote 3, 18. The same, Chapter 89, Page 485 Anecdote 3,
you a point that would otherwise take 500 years to achieve. (Vasael ol-Shiite, Marriage Book)18 A man visited Prophet Muhammad (Pbuh), and said that he had never kissed his children. When he leaves, the messenger of God said, "To me, this man is bound for fire (hell)." (Vasael ol-Shiite, Marriage Book)19 The Prophet (Pbuh) would treat his daughter Fatimah (Pbuh) with so much respect that his behaviour would draw the surprise of people. Despite his position as messenger of God, Prophet Muhammad (Pbuh), would kiss her hands. However it should be mentioned that Islam advises the faithful towards moderation in showing affection to children. Inordinate affection spoils children and prevents them from developing a sense of independence and self-sufficiency. As a result of inordinate affection, children, who are like young saplings, always remain in the shade of parents, which are like strong trees, and cannot grow on their own. Consequently, the storm of life and the incidents they are likely to deal with bring them to their knees. The seventh Shiite Imam, Mousa Kazem (Pbuh), advised parents to encourage their children to undertake some difficult responsibilities in their childhood so that they would develop a sense of tolerance and patience when they grow up. (Vasael ol-Shiite, Marriage Book)20 Children will suffer a lot if their parents pamper them. Parents who love their children should teach them judiciousness and piety and avoid anything that pampers them. (Boustan, Chapter 7)21
19. The same 20. The same, Chapter 85, Page 479 Anecdote 2, 21. Boustan, Chapter 7 on education, Page 164. 22. Vasael ol-Shiite, the same, Chapter 83, Page 476Anecdote 8, 23. Tohaf ol-Oghool, Page 263
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(Tohaf ol-Oghool )23 Also: If you wish to be remembered, teach your children judiciousness and wisdom. In case they do not display wisdom, you will be forgotten once you are dead. (Boustan, Chapter 7)24 The first Shiite imam, Imam Ali (Pbuh), once told his son Imam Hassan that the heart of a child is just like a barren land which grows every seed you put in it. Once children grow up, because of preoccupations, they will not be as able as before to grow the seeds. (Vasael ol-Shiite, Marriage Book)25 Prosperity stays away from the children who are not brought up properly. If you wish to straighten a piece of wet wood, you need to use fire. (Golestan, Chapter 7)26 In raising children, modern methods should be taken on board. Children should be brought up in a way that enables then to deal with the problems of the era and play an important role in society when new conditions develop with the passage of time. Imam Ali (Pbuh), said not to force your children to adopt your own methods because they have been created for a period of time different from yours. (Ibn Abi-Hadid, Explanation of Nahj ol-Balaghah)27 The best approach to education is the one mentioned by Imam Ali, namely before preaching to others, a good educator uses his/her actions to tell others what is best. (Vasael ol-Shiite, Chapter 10)28 If you do not like evil deeds of others, stay away from evil yourself. Only then can you tell others not to commit evil deeds. Parents who want their children to greet them and others when they meet, should set the stage for it by greeting each other and their children when they get home. The prophet of Islam once said he would stick to five qualities as long as he was alive. One of them was to greet children. He further said: "I am doing this so that it becomes customary after me." (Vasael ol-Shiite, Chapter 35)29
24. Boustan, Chapter 7 on education, Page 164 25. Vasael ol-Shiite, the same, Chapter 84, Anecdote 6, Page 478 26. Golestan, Chapter 7 on education, Anecdote 3, Page 230 27. Ibn Abi-Hadid, Explanation of Nahj ol-Balaghah, Volume 20, Page 267, Instruction 102 28. Vasael ol-Shiite, Chapter 10, Anecdote 6, Volume 16, Page 151 29. The same, Chapter 35, Anecdote 1, Volume 12, Page 62 30. The same, Chapter 83 on children, Anecdote 3, Volume 21, Page 475 31. Mostadrak ol-Vasael, Chapter 60, Anecdote 4, Volume 15, Page 166
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to a child, God issues the order to protect the teacher, child and his/her parents from Limbo." (Mostadrak ol-Vasael, Chapter 60)31 Imam Ali (Pbuh) says that the responsibilities of parents to children are choosing a good name for them, raising them properly and teaching them the holy Quran (Nahj olBalaghah, Wisdom 399)32 and to urge them to learn science and technology. (Konz olAmal, Volume 16)33 Imam Sadegh (Pbuh) says meanwhile, that before perverse people reach your children, teach them religious statements and knowledge (Vasael ol-Shiite, Chapter 84)34. Some statements encourage parents to teach their children sports. The Prophet (Pbuh) has said: teach your children how to swim and shoot arrows. (Vasael ol-Shiite Chapter 83)35 Many statements say that parents need to pick a good profession for their children and avoid jobs that leave a negative impact on their personality. (Vasael ol-Shiite, Chaper 21)36 Even if you are rich, teach your children how to stand on their own feet and make a living. Do not rely on what you have; your days as a wealthy and powerful person may end one day but your knowledge will never end. (Boustan Chapter 7)37 Parents should show moderation in the process of raising their children. They need to take account of the age and understanding of their children and move ahead one-step at a time. They should not go too far because it will result in frustration and depression of the children. Imam Sadegh (Pbuh) said: "Children play for seven years, learn the Quran for seven years and spend seven more years learning what is good and what is bad." (Vasael ol-Shiite, Chapter 83)38
32. Nahj ol-Balaghah, Wisdom 399, Page 433 33. Konz ol-Amal, Volume 16, Page 584 34. Vasael ol-Shiite, the same, Chapter 84, Anecdote 1, Page 477 35. The same, Chapter 83, Anecdote 2, Page 475 36. The same, Chapter 21, Anecdotes 1, 2 and 4, Volume 17, Pages 136 - 137 37. Boustan, Chapter 7 on education, Page 165 38. Vasael ol-Shiite, Chapter 83 on children, Anecdote 1, Volume 21, Page 475 39. The same, Chapter 63, Anecdote 1, Page 447 40. The same, Chapter 86, Anecdote 3, Page 480. 41. The same, Chapter 13, Pages 374 - 375 and Chapter 62, Page 446.
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42. The same, Chapter 83, Anecdotes 1, 4, Page 475. 43. The same, Chapter 90, Anecdote 2, Page 486 44. The same, Anecdote 1 45. Mostadrak ol-Vasael, Chapter 66, Anecdote 2, Volume 15, Pages 171-172 46. The same, Anecdote 1 47.Alnahayet fi Gharib al-hadith by Ibn Asir Majdeddin Abu Sa'adat, Volume 1, Page 378 and Konz al-Amal Volume 16, Page 587. In the Arabic sentences uttered by Imam Ali, there is a word which originally means a person who cannot walk properly as a result of weakness. It also means chubby. 48. Vasael ol-Shiite, the same, Chapter 91, Anecdote 3, Page 487 49. Konz al-Amal, the same, Page 585
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you given them anything similar to this?" the Prophet (Pbuh) asks. He said no. The Prophet (Pbuh) then replied: "I won't be a witness to what you want to do." (Konz al-Amal)49 Another version of the same story quotes the Prophet (Pbuh) saying: "Be pious and do not discriminate against your children. I will not be a witness to what is based on injustice." (Konz al-Amal)50 Islam also urges the faithful not to discriminate against girls. Imam Sadegh (Pbuh) says; Girls are a good deed and boys are a blessing offered by God. On the Day of Judgement people are rewarded for their good deeds and held accountable for the blessings. (Vasael al Shiite, Chapter 91)51 Before the dawn of Islam, Arab tribes viewed having a baby girl as a source of shame. Anytime an Arab was told that his wife had given birth to a baby girl, he would blush. Islam dealt with this attitude seriously and tried to eliminate it in the ranks of Muslims. There are many statements on the necessity of treating girls with affection. Here are some statements by Islamic leaders on the issue: Prophet Muhammad (Pbuh): Girls are nice. They are affectionate, contributing, tender-hearted, clean, and blessed. (Vasael ol-Shiite, Chapter 4)52 And: The compassion of Almighty God toward girls is stronger than toward boys. (Vasael ol-Shiite Chapter 7)53 Imam Sadegh (Pbuh): If someone wishes that their daughters were dead and that happened, they would not receive any reward on the Day of Judgement. In fact such people visit God in a state of rebellion and renegade. (Vasael ol-Shiite Chapter 6)54 Some books have quoted unidentified Islamic leaders as saying: "When you are giving gifts to your children, start with girls." (Vasael ol-Shiite Chapter 3)55
50. The same 51. Vasael ol-Shiite, Chapter 5 on children, Anecdote 7, Volume 21, Page 365 52. The same, Chapter 4, Anecdote 2, Page 362 53. The same, Chapter 7, Anecdote 1, Page 367 54. The same, Chapter 6, Anecdote 1, Page 366 55. The same, Chapter 3 on alimony, Anecdote 1, Page 514 56. The same, Chapter 88 on children, Anecdote 3, Page 484
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ATTENTION TO DUTY
In addition to material questions, Islam attaches special importance to spiritual issues related to children. It requires believers to save their family, of which children are members, from what might result in afterlife agony. This is what Almighty God tells the believers: "O ye who believe! Save yourselves and your families from a fire whose fuel is men and stones." (Tahrim Chapter)57 If a parent neglects his/her parental duties, God will hold him accountable. The Prophet (Pbuh) has been quoted as saying: "The parents whose children ask God to harm them will receive the same punishment as children who are cursed by their parents." (Vasael ol-Shiite Chapter 86)58
57. Tahrim Chapter, Verse 66 58. Vasael ol-Shiite, Chapter 86 on children, Anecdote 5, Volume 21, Page 480
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in negative effects. In other words, child abusers have not only committed a sin, they will also be held accountable for the harm they have caused. In case child abuse is committed either by parents, or a particular institution, or by violent individuals, all those who are conscious of such behaviour need to prevent it: in keeping with the principle of promotion of virtue and prevention of vice. If they are unable to prevent the child abuse themselves, they need to inform the proper authorities so that they can take action. One way to fight child abuse is to promote a culture of respect for children through scientific gatherings and media outlets, such as the press and radio and TV stations, where experts can highlight the issue through discussions. Besides the establishment of public and state institutions to support child rights, adoption of new laws, revision of rules and regulations and full implementation of the law by executive authorities can prove instrumental in this cause. All the best to those who serve humanity.
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BIOGRAPHY
Grand Ayatullah Haj Sheikh Yousef Sanei was born to a clerical family in Nikabad, Isfahan, central Iran, in 1937 He enrolled at the Isfahan Seminary School in 1946, and in 1951, . after taking preliminary religious courses, he moved to Qom to continue his studies. As a student, his considerable talent and seriousness drew much attention from senior scholars of the seminary at the time. Accordingly in 1955, he achieved first place in the high-level exams of the seminary school and was praised by Grand Ayatullah Borujerdi. As a result of such continuous and steadfast efforts, Grand Ayatullah Sanei became a senior scholar of the seminary at the age of 22. In 1975, he officially began to teach a jurisprudence book called Zakat at the Haqqani School, in Qom. After the Islamic Revolution, he served in different scientific and executive positions including the National Public Prosecutor, membership of Guardian Council, and Experts Council, and also as Imam Khomeni's (Pbuh) representative in the High Council for regenerating areas damaged by war.
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It should be mentioned, however, that minimal application of harsh methods to prevent children from plunging into immorality, to prevent the disappearance of their human spirit, to prevent their death and to stop bad behaviour from becoming worse is not forbidden, but determining such borderline cases is a delicate issue. Parents and carers of children should be held accountable. Their mistreatment of children is the same as mistreatment of fellow adults. Thus such actions are subject to similar accountability and punishment.
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BIOGRAPHY
Ayatullah Ali Akbar Hashemi Rafsanjani was born in the village of Bahraman, on the outskirts of Rafsanjan, south-central Iran, in 1934. He joined the religious school of his village at the age of five. Afterwards, he moved to Qom to continue his religious studies and in 1959, he and his friends launched a publication called School of Shiism. As a political activist he was opposed to the Pahlavi monarchy. In 1978, with his associates, he formed the nucleus of what is now known as the Rohaniat-e Mobares (The Society of the Combatant Clergy). Ayatullah Rafsanjani is one of the highest-level authorities in Iran and has served in several different positions since the Islamic Revolution. He acted as temporary Minster of the Interior, the Tehran Friday Prayers Leader, the head of military forces in the war with Iraq, Imam Khomeini's (Pbuh) representative in high defending council, the Parliamentary spokesman for eight years, and as the President of I.R. Iran from 1989 to 1997 . He currently leads the Expediency Council and is simultaneously deputy of the Experts' Council.
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Prophet Muhammad (Pbuh) has said: "Ali, choosing a good name and politeness are the responsibilities of every father to his child." (Vasael ol-Shiite, Volume 5, Page 115)
On Page 124 of Jame ol-Akhbar it says: Endear your children when you utter their names, offer them some room to sit and do not treat them with bad temper. In this statement, the Muslim Prophet (Pbuh) urges parents to respect their children because children who are subjected to disrespect and insult develop an inferiority complex. Humans love to be respected: in cases where no importance is attached to people, they suffer mental conditions such as inferiority complex; this would be more evident in children who are more emotional and sensitive. The approach that the first Shiite imam, Imam Ali (Pbuh) adopted was a perfect example of how children should be treated. He would go to houses where there was no breadwinner to look after the children and he would sympathize with the children who were distressed and without hope.
Being loved is a mental need of children. Being loved amounts to recognition by parents that children are valuable beings; such recognition elevates their dignity and esteem. Kissing children is one such measure. Having mercy on children and living up to promises made to them builds their moral fibre. Through these measures, adults attach importance to children and to the promises made to them, something that is instrumental in strengthening their character.
If the expectations of parents go beyond children's ability and are imposed on them, children lose their dignity. Attempting something that is beyond their ability results in a sense of defeat, which in turn overwhelms their self-esteem. Children should be viewed in the context of childhood and their capabilities should be appreciated; what is beyond their ability should be avoided so that they are spared the rebellion, lies, etc which are the consequence.
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To err is human. Children make mistakes more as a result of insufficient intellectual development, lack of experience and limited knowledge. By forbidding punishment, particularly corporal punishment, Islam closes the door to an inferiority complex. Imam Ali (Pbuh) stated: Do not beat your children. To correct them, speak to them for a while, but make sure that it does not last long. (Behar ol-Anvar, Volume 23, Page 114) Instead, encouragement is advised again and again. It has been given priority over all other educational strategies, something that helps children develop their talents and sustain their development.
Conveying any message other than that of equality to children results in jealousy and grudges on one hand and humiliation on the other. Prophet Muhammad (Pbuh) says: Treat your children with justice as you wish to be treated with equality in your midst. (Mahjah al-Bayza, Volume 2, Page 64)
7. GREETING CHILDREN
Prophet Muhammad (Pbuh) would always say hello to children because he viewed greeting as a means of valuing children and promoting their dignity.
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BIOGRAPHY
Ayatullah Seyed Mohammad Mousavi Bojnourdi was born in Najaf, Iraq, in 1943. He completed part of his seminary school studies in Iran and the remaining part in Najaf whilst completing his university studies. He was an ever-present student of Imam Khomeini (Pbuh) during the latter's 14-year exile in Najaf. During the same period, he taught three different courses in Arabic at the grand mosque of Najaf, which Shiites from several Arab countries would attend. In 1980, on orders of the late Imam Khomeini (Pbuh) Ayatullah Mousavi Bojnourdi established the High Court of Judges. He served two four-year terms on the Supreme Judicial Council until 1989. As a member of the council, he was in charge of drawing up an important part of the regulations and amending the civil code, as well as the penal and Islamic punishment laws. Ayatullah Bojnourdi now teaches at selected universities across the nation.
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Physical abuse of children refers to any physical attack that may result in pain, cuts and bruises, broken bones, other injuries and even death. Whipping, tying up, hitting a child against the wall, burning their skin with scalding hot water or other hot liquids and shaking them violently are various forms of physical abuse. Just like child abuse itself, there is no consensus about the definition of physical child abuse. In fact, definitions of physical child abuse are mostly affected by factors such as: A. Legal regulations governing child abuse B. Cultural values especially when it comes to children's upbringing and punishment as well as biological talents. (Madani, 2004, P 21.)
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When it comes to physical child abuse, a certain extent of harsh measures is considered natural in families. That is why some believe that in identifying physical child abuse accepted social norms should be taken into consideration.
Involving children in activities which result in sexual gratification of adults is sexual child abuse. The National Centre on Child Abuse says contacts or interaction between a child and an adult in which the former is used as a means of arousal is sexual exploitation.
Emotional child abuse refers to any inappropriate act that leaves a mark on the behavioural, cognitive, emotional and physical performance of a child. This includes a wide range of abuses including but not limited to: - subjecting children to verbal and nonverbal abuse, - reproach or humiliation, - swearing abuse at them, - poking fun at children and playing jokes on them, - enforcing unreasonably tough restrictions, - inducing fear of corporal punishment, - expectations and treatment which do not suit their age, - using children to meet one's own emotional needs, - and unpredictable behavioural responses by parents which lead to instability and cognitive problems in children.
Neglect, which is often found in low-income families, is one of the most common forms of child abuse: Failure to provide nutrition, clothing, housing, healthcare, schooling and medical care by parents or caregivers constitutes neglect. (Jalili, 1995) In general, parental inability or failure to meet the emotional needs of children is called emotional neglect.
A. MENTAL CAUSES
Although several children of a family may be subject to abuse, it is usually one child who is particularly affected. There are many families in which only one child is mistreated and his/her siblings are more or less supported and protected. It seems that certain psychological features of the abused child increase the likelihood of abuse.
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Studies suggest three groups of children are subjected to abuse more than others: "retarded children, difficult children and outcast children." (Madani, 2004, P .87)
- DIFFICULT CHILDREN
Difficult children are physically healthy but are hard to deal with in certain circumstances so that their parents find them difficult to manage through normal methods. Ill-temperedness, hyperactivity, uncontrollable bowels, inappropriate eating habits, development of recurrent illnesses, susceptibility to obduracy, and at times unsightly physique are among the features of these children which increase the likelihood of child abuse. So far as hyperactive children are concerned, parents think disciplinary action is needed to keep their abnormal behaviour under control. (Jalili, 1995)
B. FAMILIAL CAUSES
Families play an important role in the emergence of child abuse. Most abuses within families, are committed by parents. That is why studying family-related factors is important in pinpointing the underlying causes of abuse. The most important such factors are: - absence of parenting skills - the occupation of parents - the education of parents - prior convictions or criminal record within a family - disturbed relationships or conflict in families - addiction in families - mental or physical disorders in families - divorce, estranged and single parent families - social isolation of families - number of people in families
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C. CULTURAL CAUSES
The background setting is a major factor in the incidence of child abuse. Parents who mistreat their children are not limited to a certain race, ethnic group or geographical location. They come from various religious, educational, professional and social backgrounds. Child abuse can be seen in all social classes.
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B. ISLAMICTRADITIONS
There are many traditions attributed to prominent Islamic figures that advise against child abuse and describe it as forbidden by religion. Here are just a few such stories. Prophet Muhammad (Pbuh) once told the Commander of the Faithful, the first Shiite Imam (Pbuh): God's damnation be upon parents who prompt their children to rebel, commit abuse and terminate their good relations. (Hor Ameli's book Volume 5, Page115) The Muslim Prophet (Pbuh) has also said: Respect your children and treat them politely (Tabarsi's book, Volume 2, Page 625) The question that arises here is: does it suffice to solely focus on parental authority and the fact that children are brought up well? In response to this question, one can say there are two distinct issues when it comes to child education: the power and potential of parents and even society and the potential of children themselves. In adopting these sayings lawmakers generally seek to define the obligations of parents and not the potential of children. Without a doubt, fulfilment of an obligation depends on the capabilities of the person under that obligation. It would certainly be useful if lawmakers pay attention to children's potential as well; particularly children who are viewed as special for one reason or another; either because they have higher-than average IQ or because they are physically disabled.
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identifies education (edification) of people as the most important responsibility of Prophets (Pbut). The Holy Book says: It is he who has raised among the unlettered, a messenger from themselves, to recite to them his verses, to purify them, and to teach them the book and the wisdom. (Jumu'a Chapter, Verse 2) And the exalted Prophet of Islam, (Pbuh), describes fulfilment of moral generosity as his most important duty. (Ghomi's book, 1995, Page 410) Without a doubt, morality is meant to result in growth and development of all members of an Islamic society. In Arabic, Zaki, which means growth and development, is the root of Tazkiyeh. However the latter is widely used to mean purification and refinement. That is mainly because refinement leads to spiritual growth and development in humans. Also in Arabic, Raba, which means growth, is the root of Tarbiyat (education). (The Arabic word Reba, which is widely used in economics and means illegal interest, shares the same root. It is used to describe a transaction that produces an illegal increase of one's wealth. So Tazkiyeh (purification) and Tarbiyat (education) are close in meaning. The holy Quran mostly uses Tazkiyeh (purification), which refers to spiritual education.59 Tarbiyat (education) is used in both a physical and spiritual sense.60 When it comes to child education the holy book tells the story of Luqman61 (Luqman Chapter, Verse 13), and says that the sage offered his child a piece of advice. Although it appears in the form of a story, the holy Quran is using the words of Luqman to convey a message that the upbringing of children is a very significant aspect of the holy book. Elsewhere it urges the faithful to safeguard their families. (Tahrim Chapter, Verse 6)62 Furthermore, it is important that children pay attention to their parents. The holy book says: "And say: My Lord! Bestow on them Thy mercy as they cherished me in childhood" (Osra Chapter, Verse 24). Another verse suggests that children should pray for their parents and says: "O Lord, bless my parents as they cared for me when I was a child." It is clear that the reason why God orders children to pray for their parents is that parents strive for the upbringing of their children. The Commander of the Faithful says: The best thing fathers could bequeath to their children is politeness (Al-Amadi, Volume 1, P .393)
59. These are some examples: "But those will prosper who purify themselves." (A'la Chapter, Verse 14) and "Truly he succeeds that purifies it, and he fails that corrupts it." (Shams Chapter, Verses 9-10) 60. When Moses confronts Pharaoh after his return, the Quran quotes Pharaoh as telling Moses, peace be upon him: "Did we not cherish thee as a child among us?" (Shu'araa Chapter, Verse 18) 61. "Behold, Luqman said to his son by way of instruction." 62."Save yourselves and your families.
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path. Their approach, in fact, provided the faithful with a practical example as far as education was concerned. Undoubtedly, Islamic education is based on freedom of thought; and respect for humans, children in particular, is the mainstay of its educational approach. Parents who wish to bring up children with a distinctive personality need to pay attention to their children from childhood and promote respect for other people from an early age. Independence and self-reliance as well as a lack of self-confidence and a sense of helplessness can develop in childhood. That is why parental respect for children and good behaviour are crucial in shaping the personality of children. If in a certain situation, a parent finds it necessary to punish their child, the type of punishment (caution, grounding, corporal punishment, etc.) should fit the child's personality to prevent him/her from repeating the same behaviour. Article 1178 of the Civil Code in Iran stipulates: Parents have a duty to use their full capacity to appropriately educate their children; they should not leave children on their own to become useless. As article 1178 says, parents have a duty to bring up their children. Although they are entitled to a certain approach to upbringing; they have to make sure their children are not idle and their talents do not go to waste. It is not easy to bring these two principles together, because sometimes the approach of the parents results in idleness of their children. Of course there are different interpretations of the word idle. The Civil Code has not gone far enough to determine these limits. However it suggests that, depending on time and location, education and upbringing should be effective enough so as not to leave the children idle. So when it comes to comparing parental obligations and rights, the best interest of the child is the first priory. Parents must fulfil their obligations first. The responsibilities of parents though are linked to their financial and mental capabilities.
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A quick look at the Islamic sources shows that in order to lead people back onto the right path, the Muslim faith does not limit itself to advice and encouragement. Rather, in addition to incentives and educational punishment (as for most cases), corporal punishment is also available. In other words, if advice fails to have any effect, corporal punishment could be used to prevent transgression. In Islamic teachings, punishment has been accepted as a necessary principle of education. However each offence, deviation and inhuman behaviour requires a kind of punishment that fits it. Punishment for murder is death, punishment for theft is cutting off a hand from the thief and punishment for drinking alcohol is whipping. (Shokouhi Yekta, 1984, P .165) However one can conclude that Islamic teachings suggest that in all cases, without exception, caution and verbal punishment take precedence over corporal punishment. In other words, Islam supports punishment if is meant to alert an individual to their mistakes and transgressions so that it is not repeated. However the kind of punishment that amounts to inordinate brutality and suppresses the personality of an individual is non-existent in Islamic education. Imam Ali (Pbuh) says: "The wise are educated through advice whereas animals are not tamed except through beating." In Islamic punishment, guidance and alerting children and not beating or whipping them are of the essence. In Islamic education, corporal punishment is not inevitable; rather it is a supplementary second-priority tool that becomes advisable when other educational methods such as advice and guidance fail to lead the child back to goodness. (Ghaemi, P .260) Thus Islam does not rule out corporal punishment and even at times does mention meting out corporal punishment - provided that certain limits are respected - especially when it comes to omission of prayers, to sins whose wrongful nature is known to the child yet s/he commits them again, to greater sins and to criminal offences. It is true that a person who has not come of age should not be subjected to punishment; but there are discretionary punishments that have maximum or minimum limits. The exalted Prophet of Islam (Pbuh), says: Urge your children to start saying prayers at the age of six; if urging fails to produce any result, you can resort to corporal punishment at the age of seven to make them say prayers (Tabarsi's book, Volume 1, Page 171) Also when it comes to deliberate theft, beating and some other forbidden acts, Islam does prescribe punishment for children who can distinguish between good and bad. For instance article 113 of Iran's Civil Code that deals with sodomy and was adopted in 1991 reads: 'When a legally immature individual sodomises another, his act is punishable by up to 74 whips.' And article 147 of the same law continues: 'When a legally immature child who can distinguish between good and bad uses another person
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as a means to reach ejaculation (orgasm), the magistrate should decide as to what punishment that child should receive.' It is quite natural that no matter how punishment is meted out, it leaves an impact on the child either pleasant or unpleasant. The pleasant impact comes when it is free of violence and brutality and satisfies the child's sense of justice. It becomes unpleasant when it is associated with violence and prior resentment; in other words when it is unjust and disproportionate and goes beyond conventional limits. In such cases parents themselves may act mistakenly or even a commit crime by carrying out the punishment. Sometimes punishment is looked at from an educational and moral perspective and sometimes from a penal perspective.
Islam attaches significance to child education. Similarly, traditions attributed to prominent Islamic figures pay special attention to education. Islam says that people are born with a clean slate: "Each baby is born with a clean slate and if s/he is exposed to Islamic education since childhood, s/he steers clear of sins and will definitely remain immune in the future." There are useful instructions by the holy Quran, infallible imams, peace be upon them, and other prominent religious leaders when it comes to picking a spouse, taking care of an unborn baby, and educating children especially when they are quite young." (Shokouhi Yekta, 1984, P .17) Islam pays attention to all aspects of child education and offers positive approaches to children's physical and mental education. When children make a mistake and commit wrongful acts, there are certain procedures - in four stages - to be followed: Stage one: At this stage advice and verbal instructions are used. If this stage is carried out correctly and in keeping with Islamic education regulations, it works in most of the cases and produces a positive result as far as reforming the child is concerned. Stage two: This stage uses warnings. At this stage children should be dealt with more seriously and warned of the consequences of their action. In the face of warnings, children usually behave reactively and understand the message. Stage three: Reproach and grounding come next. At this stage children face the consequence of their wrongful acts by being deprived of some advantages. At this stage they should understand the nature of their action and the link between what they do and the subsequent consequence. Stage four: Punishment. There are times when none of the stages mentioned above work and parents have no choice but mete out punishment. Families are a centre for promoting compliance with rules and regulations.
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Within some families, parents do not provide enough discipline and their children feel at liberty to do whatever they wish and express their feelings in whatever fashion they deem suitable. Children benefit from rules and regulations, which are clearly understood, and it is the responsibility of parents to provide these. To ensure compliance with their rules and regulations, parents need to assert their authority consistently and justly and this should be easy for the children to understand. Punishment is a difficult task. In order for punishment to produce positive results, it should be in keeping with rules and regulations. In our country, punishment of children is common. However the intended result is not produced in practice. The reason behind this failure is that punishment does not come at the right time and children are punished without going through initial stages (as described above). The fact that in punishment one should not go too far and remain set on reformation makes punishment difficult. That is why parents need to abide by regulations as far as meting out punishment is concerned. (Ghaemi, 1989) Islam prohibits the kind of punishment that requires blood money (compensation). Shiite jurisprudents believe blood money should be prescribed even when a red mark is left on someone's skin. If parents or caregivers punish the child in a way that it leaves his/her cheek flushed, they need to pay one and a half mesqal (a unit of measuring weight equal to 5 grams) of gold in blood money. That amount rises to three if punishment leaves a brown mark on the face and to six if the mark is black. If similar marks are left on the skin of any other part of body, the amount to be paid is halved. This jurisprudential decree applies to adults as well. (Hor Ameli, Volume 19) That is what makes compliance with punishment regulations difficult. Neglect in education and refinement of children and young adults encourages continued delinquency. This poses a big threat particularly when children are not stopped when they are young; there is nothing parents can do when they become adults. In today's world, some crimes are committed by children. If they realize that they are not held criminally accountable for what they do and there is no legal punishment for their acts, nothing can stop them from remaining on the wrong path. That is why the best way to treat them is to subject them to Islamic punishments, which have maximum and minimum limits. (Faiz, Volume 1, P .261)
- SCALE OF PUNISHMENT
Punishment of children in Islam should be proportionate to the level of their accountability. Full accountability comes with puberty. That is why children who are not mature are exempt from full accountability and subsequent punishment.
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There are several stories and traditions that focus on children's accountability and exempt them from the kind of punishment adults deserve. In Vasael-ol Shiite, Hamzatibn Hemran is quoted as asking Imam Sadeq the sixth Shiite imam, (Pbuh): "When do children qualify for full penal punishment?" In response the Imam, (Pbuh) said: "When they are no longer children and understand the consequence of what they do." Hemran asked: "When does that come?" The Imam (Pbuh) said: "When they have their first wet dream or when they are 15 or when they grow pubic hair, they become eligible for penal punishment, be it to their benefit or to their detriment." Thanks be to Allah who is the God of both worlds
The Holy Quran Child abuse by Abbas Agha-Beigluei, Seyyed Kazem Rasoul-zadeh Tabatabaei, and Hassan Mousavi Chalak. (2001) first impression, published by Avand Danesh Gherar-ol-Hekam by Abdolvahed al-Amadi Is it not time for death? By Behrouz Jalili (1995) Sixth gathering on children's diseases Vasael-ol Shiite by Mohammad bin Hassan Hor Ameli Islamic education principles by Mohsen Shokouhi Yekta (1984) published by Amouzesh va Parvaresh Mostadrak ol-Vasael by Haj Mirza Hassan Nouri Tabarsi Moqareneh va Tatbigh by Alireza Feiz Children's education and reform by Ali Ghaemi (1989) published by Amiri Families and children's education Safinatol Bohar by Sheikh Abbas Ghomi (1995) published by the Islamic Research Foundation Child abuse in Iran by Saeed Madani (2004) first impression, published by Aknoun
BIBLIOGRAPHY
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BIOGRAPHY
Ayatullah Seyyed Mostafa Mohaghegh Damad (Ahmadabadi) was born in Qom in 1945. He took courses on Islamic sciences at the Fayzieh School at Qum and became an Ayatollah in 1970. At the same time he pursued a modern academic education at Tehran University. There he achieved a BA in Islamic philosophy and an MA in Islamic jurisprudence (1980). Afterwards, he completed a PhD in Law at Belgium's Catholic University of Louvain-la-Neuve in 1996. He is the Professor of Jurisprudence and Law at Shahid Beheshti University in Tehran, with additional academic responsibilities in other Universities in Iran, including the Iranian Institute of Philosophy, Mofid University in Qum and Qum Seminary. The Ayatullah, amongst other posts, has been a Judge of the 11th Judicial Rank since 1980; the Head of the Commission of Compiling Judicial Acts since 1982; a fellow of the Academy of Sciences of IR Iran since 1990; Head of the Department of Law at Tarbiat Modarres University, Tehran since 1986. The Ayatollah has a distinguished academic career. He has published many books and articles in Persian and English and has given lectures on wide-ranging subjects at national and international conferences for 20 years.
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BIOGRAPHY
Ayatullah Seyed Mohammad Hassan Marashi Shoushtari was born in Shoushtar, Khuzestan province in 1937 He completed primary school in his birthplace before taking . courses on syntax and semantics of the Arabic language among others at the seminary. Whilst teaching elementary and advanced courses, he began jurisprudence courses at the seminary and after the Islamic Revolution; he was invited by the Supreme Judicial Council to cooperate with the judiciary. He began his judicial career in Ahvaz before taking up positions on the Supreme Court and the Supreme Judicial Council. He has continued with his teaching career, and has lectured at several universities and seminary schools in the country. He gained a seat on the Assembly of Experts in 2006 and serves as an assistant professor at Martyr Motahari School.
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CARERS OF CHILDREN
Those caring for children, have certain responsibilities such as: - familiarizing children with religious beliefs, - encouraging them to comply with religious rules and obligations, - promoting a culture of truthfulness, - respecting children, - greeting them, - responding to their greetings, - playing with them, - making them happy, - developing an understanding of their way of thinking, - as well as sympathizing with parentless children. In addition, Muslims should not keep silent in the face of child abuse. In line with the principle of Prevention of Vice, they are obliged to prevent child abuse one way or another even if prevention involves reporting the abuse to the justice system. In fact, more awareness raising is needed to prevent the spread of child abuse. Such an approach should also promote compassion in dealing with children. For the Muslim Prophet (Pbuh) treated children very well. In fact the messenger of God was so nice to children that many children wished they were among the Prophet's children (Pbuh). This is evidenced in several stories found in the traditional books.
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A Farsi version of this booklet is available at the UNICEF Iran office. Please email tehran@unicef.org or call +98 (0)21-2259 4994 ext. 106. Electronic versions in both English and Farsi can be downloaded in PDF-format at www.unicef.org/iran and www.unicef.org/iran/fa