A Study of Financial Rights of the Infant from the Perspective of Hanafi Jurisprudence

Abstract

Infants, as individuals independent from their parents, have their human rights constantly emphasized. Accordingly, the Islamic faith, specifically Hanafi jurisprudence, has defined duties and responsibilities for parents regarding their children from the very beginning of childhood. An infant is referred to as a nursing child who has just started life after birth. In Hanafi jurisprudence, based on the content of verse 67 of Surah Al-A'raf, childhood starts from the fetus and continues through birth until the child reaches maturity and becomes a young adult. Given the violation of infant rights, it is necessary to address the financial rights of the infant, covering expenses from the fetal stage to post-birth costs, including inheritance and bequests. Every financial entitlement and obligation for the child is the responsibility of the parents. The question arises, what financial rights does a child have according to Hanafi jurisprudence? The child is entitled to rights such as inheritance, bequest, endowment, gift, Aqeeqah, and maintenance, including food, clothing, and shelter. Through library research and a descriptive-analytical method, the findings reveal that, from the perspective of Hanafi jurisprudence, a child is entitled to financial rights such as inheritance, maintenance, Aqeeqah, circumcision, Tahnik, and similar rites after birth. Throughout history, the responsibility of human societies towards the child has been significant, with the primary responsibility lying with parents to protect them from harm and fulfill the rights emphasized by Islam. This includes ensuring their personal and social security with kindness and care, focusing on their financial rights such as inheritance, endowment, and maintenance, and addressing their education, physical and mental health, and all aspects of their lives as emphasized in Hanafi jurisprudence.