Scientific journal
European Journal of Natural History
ISSN 2073-4972
ИФ РИНЦ = 0,301

LEGAL BASIS OF CHILDREN EDUCATION IN THE MUSLIM FAMILY (NORMS OF THE HANAFI TRADITION)

Karatyshkanova K.R. 1 Abdrakhmanova L.А. 1
1 Kh.A. Yassawi International kazakh-turkish university
Purpose of the study: to examine the basics of raising children in a Muslim family and to show the role of the Hanafi legal school in instilling religious values in the family. Research materials: archival materials on the study of the norms of the Hanafi school in Islam with the analysis of additional information of Turkish and Russian authors. Research methods: set out the norms and traditions of raising children in a Muslim family, guided by the canons of the Hanafi school of law. Lifestyle and methods of education of the Turkic peoples in the Central Asian region are based on the teachings of the famous scientists Imam Azam Abu Hanifa and Imam Maturidi. The need for continuous upbringing and education in the family, in the conditions of today’s social change, requires a deep study of the origins of religious education and law. In order for the upbringing in the family to be fruitful and preserve the historical and spiritual connection with the past, it is necessary to study the heritage of great religious thinkers who are at the roots of national traditions and values. The study reveals the role of the family in raising the younger generation as a motivator of resilient values and morality. The authors come to the conclusion that the preservation and strengthening of the foundations of the family was largely related to the religious beliefs of Imam Azam Abu Hanifa, who managed to combine the values of religion and education in the matter of raising children.
hanafi tradition in central asia
the teaching of imam azam abu hanifa
the role of the institution of the family and its rights in islam
the combination of morality and education in parenting
the duties of parents
1. Family and Modernity / Editors S.Aybey, M.Akin, N.Ashyrov. Zonguldak: B.E..Yay., 2017. – 209 p.
2. Collection of sharia regulations on family and inheritance law. Release І. About the inheritance from Sunni Muslims / Compiled by P.V.Antaki. S-Petersburg: L.Ya.Ganzburg printing house, Mytninskaya St., h. No. 11., 1912.
3. Rudolf U. Al-Maturidi und die sunnitische Theologie in Samarkand / U.Rudolf. – Leiden, New York, Koln, 1997.
4. Piotrovsky M. B. Secular and spiritual in the theory and practice of medieval Islam // Islam; Religion, society, politics. – M., 1984.
5. Sahih al Bukhari. Volume I / Senior ed. A.Derbisali. Almaty, 2005. – 448 p.
6. Muhammad Abu Zehm. History of the Islamic Idioms and Intellectual sects in Islam / Muhammed Abu Zehm. Istanbul: Hisarnesriyati 1983. – 608 p.
7. Selecting Hadiths. Ankara: Presidency of Religious Affairs, 1996. – 274 p.
8. Piotrovsky M. B. Historical fates of the Muslim idea about the government // Social and political ideas in Islam: History and the present time. – M., 1984. – p. 14.
9. Janan I. Educated in the Sunnah of the Prophet / I. Janan. SIstanbul: Light arc., 2014. – 552 p.
10. H?ccet? ?l-Islam Imam-i Gazali. Ihya Ulumi‘d-Din. 4 volumes / Translator M.M?ft?o?lu. Istanbul, ?elik yay. – 4056 p.
11. Ilmihal. 2 volume. Islam and Society. Ankara: Directorate of Religious Affairs.2006. – 570 p.
12. Misrokov Z. Kh. Adat and Sharia in the Russian legal system / Z.Kh. Misrokov. – M.: Publishing House of Moscow State University named after M.V. Lomonosov, 2002.

Today’s social changes, the development of the national model of continuous education and upbringing, require a deep study of the origins of the national culture. It is very important for the younger generation to organize well-educated and educational work, based on advanced knowledge and ideals, in ensuring a bright future for the country. Despite the rapid changes in the political, social and cultural spheres of life, the family, as the main organization of social life, has retained its significance and beingness. The family plays a huge role in the upbringing, development and prosperity of the child from the moment of his birth until his death [1, р. 21]. In order for the upbringing in the family to be fruitful and preserve the historical and spiritual connection with the past, it is necessary to study the heritage of great religious thinkers who are at the roots of national traditions and values. Most of the spiritual heritage is stored in the archives and book collections of Kazakhstan and Uzbekistan. Lifestyles and methods of upbringing of the Turkic peoples in the Central Asian region are based on the teachings of Imam Abu Hanifa and Imam Maturidi.

Turkic-Islamic world and Imam Agzam Abu Hanifa

Since the inhabitants of Central Asia are Muslims, the colonialists paid great attention to the study of Islamic laws and customs, in order to effectively manage local tribes and clans. “The Ministry of War and Administration of the Turkestan Territory, in the consciousness of this view on the management of our Muslim outskirts, is supported in Tashkent by” Industrian’s Courses “in which officers preparing for administrative policing posts, not only learn living languages of natives, but also get acquainted with Muslim law studies” [2, p. 2], a fragment of this decree notifies that being a Muslim, the people of the Turkestan region adhere to the Sunni trend in Islam and that there is a Sharia law common to all – a legal code that is inherent only for this margin. This article also states that every Muslim lives according to Sharia law, which is a set of laws established by Imam Hanafi, which guides Turkestan Muslims: “In other words: Turkestan, Bukhara, Turkish, and other muslims are guided in their faith and life by one law, and not by different codes, such as Russian, French, British, etc ... Shariat is not a simple guideline and rule for different departments of human rights, but an encyclopedia of law for all this departments – religion, civil, criminal, etc .... In this order, the rulings are set forth in the “Mukhtasarul-Vikaya” (fiqh) law manual compiled by Ubaidulla Sadrisharіatom, the famous theologian of Bukhara, the most widespread among the Hanafi people [2, p. 3]. In other words, it becomes obvious that the Turkic peoples, guided by the teachings of the Hanafi, associate with them their national traditions, customs and cultures. The territory of Mavrennakhra was part of the Islamic civilization in the Middle Ages, and everyone in the world recognizes the rich religious heritage left by our ancestors.

As soon as the states of Central Asia acquired their sovereignties, they began to study their national traditions and religious values. Kazakhstan’s aspiration to study traditional religions in the years of independence can be traced to its desire to study the Islamic heritage of such valuable ones as Imam Azam Abu Hanifa, Imam Maturidi, Abu Bakr Dzhuzjani, Abul Yusr Pazdavi, Abul Mouin Nasafi, Sobuni Buhori and others [3]. Due to the fact that Muslim families adhere to the norms, customs and traditions corresponding to Sharia, the head of the family must simultaneously ensure internal order in the social group and protect it from external encroachment, while all other family members headed by this person obey him. The institution of the family in Muslim law is characterized by a closed economy and the internal structure of the Muslim family group. This leads to the use of extremely harsh measures against women, although these measures are contrary to the principles of the Koran [4, p. 175].

The family system makes an enormous contribution to the formation of a social system that prevents conflicts and family quarrels, establishes cruel punishment for adultery, and at the same time allows polygamous marriages. As a prerequisite for the formation of a strong and influential society, it is important to have a family that understands justice and responsibility, because it is important for family members [5, p. 69]. The Koran and all the Hadiths say that this is the basis of all virtues in Islamic culture, and lie is the mother of all evil. Actions of hypocrisy and absurdity contradict justice in the Holy Quran (Sura al-Mounafikun, 63/8), this is an evil from which a Muslim should be wary of. The first sura of “Nisa” ayat states that the family was considered by people as a structure where needs are realized consciously and purposefully, and this distinguishes them from other living beings, the main purpose of this structure is to promote the continuity of the offspring and contribute to the continuation of the human race. Some people marry and become fathers of posterity, but the physical and spiritual maturity of humanity, the problems of motherhood and personality, and the continuation of the culture of humanity are prerequisites for the continuation of culture of mankind, because the beliefs and customs of the most beautiful way has its origins in the family. As shown in the Quran (Sura Rum, 30/21), family formation is based on the feelings and confidence of both parties.

The founder of the Hanafi mazhab, Imam Azam Abu Hanifa, pursued high moral goals in the family. In order to cognize a person, he considers the old and new orders of civil society in two parts:

а) Order calling to be dependent on society: where all human needs are satisfied by society or carried out under state control.

(b) An order that supports human development and teaches virtue, and then gives him complete freedom. During this process, a person can protect himself from evil, eschew the bad and strengthen his morality and religion. Imam Azam Abu Hanifa was inclined to the second order. The choice of the latter by Imam Azam Abu Hanifa is clearly seen in his decision on the question that the girl herself should decide with whom to create a family. However, the ulama of other madhhabs came to a disagreement with Imam Azam Abu Hanifa: the faqihs, together with the recognition that the girl could not marry the man the guardian preferred for her, said that she also could not start a family on her own, without the consent of the guardian [6, p.244]. Guided by the moral principles of Imam Azam Abu Hanifa does not agree that the guardian decides the fate of the girl, in his opinion the purpose of guardianship is prevention from mistakes and shortcomings.

Characteristic features of raising children in a Muslim family

The responsibilities of parents in relation to children in the family are set forth in the literature on sharia law. In Sharia family law, according to the Hanafi mazhab, a mother is obliged to breastfeed and support her child, as well as to educate from birth to puberty regarding sons, and daughters to their actual marriage. Every newborn brings happiness and love to the family. This puts the responsibility on the parents before the child. Parental responsibilities can be divided into 3 parts:

1. Reimbursement of the material needs of the child. First of all, it is necessary to meet the physical needs of the child, such as food, drink and health. The Prophet (peace be upon him) said that the best way to do charity is to help the family. In another Hadith, he says: “It is a sin for a man to refuse to meet the needs of his family”.

2. Treat the child with kindness and love. The Prophet Mohammed (peace be upon him) looked upon his children, grandchildren and other children with tenderness and love. For example, in Hadiths much was told about the need for affection, playing with children, forgiving their mistakes. He answered the following to those who criticized him for the love of children: “If God took your heart, what can I do?” Modern psychology assumes that spiritual intercourse and material relations, such as the love and kindness of parents, are important for a child, and children deprived of such relations may have difficulties in upbringing. At the same time, such children often commit crimes. With regard to the health of the child and the health of his soul, the most important is breast milk. The proof is the ayat in the Quran: “And the mothers feed their children for two full years; This is for someone who wants to complete the feeding. And on the one who was born – their food and clothing according to custom” (Bakara, 2/233). Often parents do not pay much attention to breastfeeding for the upbringing of children. However, in the early months child is taught cleanliness and order. In addition, medicine also proved that breastfeeding is one of the most important factors affecting the future health of the child. Psychologists say that at this stage self-confidence, secrecy, openness, cowardice or courage of a child are formed. Even when the mother takes the baby in warm embrace for nursing, it is of great importance for the baby. It influences which one the child will be optimistic or pessimistic. In addition, at this stage, the nervous system is formed, which affects which one the child grows up, intelligent, hardworking, adapted to life, etc. Therefore, childhood in its own way is also important.

3. Child upbringing. One of the most important tasks of parents is to give the child an education, upbringing and a profession. Proof of this is the enormous amount of hadiths, the statement of the Prophet Muhammad: “Take good care of your children and give them an excellent upbringing.” In addition to this, the following Hadith: “No father can give more than a higher upbringing to his child,” [7, p.165], and places this obligation on parents.

Psychology says that it is useful to consider the age-related separation of children from the point of view of physiological, psychological and mental-emotional development. Because each stage of development is characterized by the essence of the child, the relationship with the environment, the degree of development of thought and certain physiological features. The first ladder of childhood is infancy. In the Holy Quran this is repeated several times. The importance of this period has been emphasized in the Quran several times. Infancy ends at the age of two years from birth. The importance of breastfeeding for a baby is mentioned above. If nursing mothers eat halal foods, the child will become stronger and strengthen in health in the future. In turn, the father of the child needs to earn halal food. This, in turn, is a factor affecting the upbringing of the child. Loving the children and taking care of them as the light of the heart and the light of the eyes, the merciful Prophet Mohammed prayed for them. It is said that every child raised on the basis of the Islamic faith is a Muslim. Islam pays great attention to the age-related psycho-physiology of raising children [8, 14].

The pre-school period includes the time to reach the child’s biennium and the age of Tahmiz, from about from two to seven years. At the age of two years, the child learns skills such as speech and walking. At this age, the importance of raising a child increases. Here is what is said in the hadith of Ahmad ibn Hanbal in the book Musnad: “Every child is born pure in nature. This property lasts up to two years, until he speaks. And only then parents turn him into a Jew or a Christian”. Children over 2 years old are more interested in illustrations in books, repeating the names of objects and heroes in the drawings. And he can even tell a fairy tale. Therefore, taking into account the child’s abilities, you can read books relate to religion, morality and the environment, and expand his knowledge. When the child turns three, the golden days begin. The child likes to talk, builds good relationships with others. This age is the most convenient time to teach him About a certain order. Scientists believe that 2-3-year-old children tend to get used to everything. During these periods, it is advisable to teach the child something short but useful. A three-year-old boy can learn a short song. He listens to the song and starts singing. You can add religious songs, especially songs performed by young children.

The knowledge necessary for the child in the future should be given before his majority, they should take care of their parents, brothers and sisters, if necessary. In this regard, the child must be raised until the adulthood in order to be able to bear the burden of life. For adolescents, it is also important to have the skills they need in the future and adapt them in the same direction as before they reach their peak. Adaptation to the specialty may be even earlier. This is due to the fact that Muslim scholars believe that if a child is aware of his ability to memorize, he has a good memory, he should focus on science. The reason is that these characteristics are a sign of susceptibility to science. Unfortunately, children in order to meet the expectations of their parents choose a profession according to their advice. In the case when they do not master the profession, they accuse themselves of not justifying the expectation of their parents. Therefore, it is necessary to adapt the child to the profession only in adolescence without haste. If a child has a tendency towards a profession that does not contradict the nature of a girl or a boy, it is recommended to send the child to this profession. But Muslim scholars say that the child must adapt to the profession after studying religious knowledge [9, p.156]. Therefore, in the last years of adolescence, adaptive education must find its place in education. And it is important that the family and the school work together.

In this regard, the importance and methods of family education are very similar to those of teachers and Muslim scholars. In the work of al-Ghazali “Ihiy aulumi d-din”, issues relating to the education and upbringing of children can be summarized as follows: adults should be an example for younger children, teaching them should be equal to their position, put themselves on a par with them, understand them, give them the opportunity to play, direct them in their activities, teach them patience, and prevent children from doing useless and obscene things. Watching the children, al-Ghazali said that children should know how to behave themselves at the table, behave themselves at home, be patient and modest in their lives, and exercise. Not only physical training is important, but also to train good breeding. It is known that physical culture, sports are the factors of human longevity, but you need to train spiritually to live even longer. For example, being angry with others, being rude and not understanding others is a sign of spiritual and human weakness, which implies the inability of a person to live. A spiritually weak person is physically weaker, too. Al-Ghazali believes that the spiritual principle is based on self-discipline and imitation of a wise teacher [10]. Self-education begins with self-control and self-awareness. Realizing the mistakes of others, we can see our weaknesses and try to overcome them. To overcome moral weakness, you need patience and spiritual strength.

Family as a branch of Muslim law

In Islamic law, the care and upbringing of children is called hidana. In family life, there is no problem in who should care for the child. Parents do it together. When family life ends for a specific reason, a problem arises, then it will be necessary to decide to whom to shift this responsibility. Raising a child is the responsibility and legal protection of the mother to a certain age. Imam Hanafi assumes that Khidana places the responsibility and rights on the mother. In this regard, the mother does not escape responsibility [11, p. 244]. If the mother is not healthy, then this right and responsibility apply to the relatives of the woman. A person who cares for a child and is responsible for him must be an intelligent, caring person, trustworthy in protecting the health and morals of the child. The age at which a child needs breastfeeding and care varies between girls and boys. For young girls – nine or eleven, for boys – seven or nine years. Until that age, the child is next to the mother or her relatives, then, according to the situation, he will stay with his father. Khidana considers the right to pay for the guardian’s work if the child does not have a mother. If this fee is the property of the child, then it is paid from it, and if not, then it is paid by the appropriate person [11, р. 245]. The guardian is responsible for supervising the ward, as well as taking care of his/her maintenance, education and all that is provided by law. Guardians are not allowed of a certain remuneration for their work and obligations. Guardians must maintain detailed reports on the management of the property of the minor. If the guardian wants to relinquish the responsibility entrusted to him, he may ask the judge to release him from that. The judge must release the guardian if he accepts the request as substantive. Thus, we can conclude that the main subject of law in the family branch of Islam is not an individual, but the family [12, p. 106]. Family law in Islam is of considerable interest because of its uniqueness, distinctive features, it has proved its viability for a long time and deserves a comprehensive, in-depth further study.

Conclusion

First of all, it should be borne in mind that Sunni Muslims, in whatever country they live and which state they would not belong to, have a common legislative code for all of them – the Sharia, which applies equally to the national life of the countries of Central Asia (according to the teachings of each country’s imam). In other words, Turkic Muslims are guided in their beliefs and in life by a single law, justified by Imam Azam Abu Hanifa.

Raising a generation, regardless of what society and when, is the most important issue. The future of each country, as a whole of the world community, is directly connected with the youth. Any people and any religion has its own characteristics that distinguish them from others. Having started raising a child in the mother’s womb, the Kazakh people assign a huge place to national and religious norms, which, according to the canons of the Hanafi mazhab, are one of the sources of Muslim law. Family maturity, charity and spirituality are the main pillars of raising children in general. This is the most progressive manifestation of national education, combined with religious. Whereas morality and humanity are the cornerstones of education in society. The family, marriage and upbringing of the child cannot be considered separately from these concepts. One of the most pressing problems of Islam is the family agitating the binding nature of marriage, love and kindness. At the same time, Islam attached great importance to the upbringing and education of children.

We are grateful to the Ministry of Education and Science of the Republic of Kazakhstan for grant financing of the research project on the theme “The Hanafi tradition in Central Asia and the foundations of Kazakh spirituality”, within the framework of which this article was prepared.