تبعية الطفل لأبويه في الديانة : دراسة مقارنة

الملخص EN

The subordination of the child to paternalism in religion is one of the issues that favored legislation and positivist techniques to remain silent about its organization, leaving the judiciary with the authority to decide on it according to the most likely sayings in the doctrine of Imam Abu Hanifa, and from here the importance of the research topic and the need to study the sayings of jurists in Islamic jurisprudence and the most correct of them until The judiciary shall use and guide it in resolving disputes related to the subordination of children to parents or either of them in religion.

The researcher concluded: The child follows the best of parents in religion, and the child’s dependence on his parents or either of them in religion does not cease except with reason and adulthood.

There is no subordination in religion to the sane adult, as neither the parents nor either parent is Islam to him.

Because Islam is true of its independence.

And if the child reaches crazy- if the madness was original- the dependency on his parents remains until he wakes up and removes the stone from him.

A child condemned to converting to Islam according to the Islam of one of his parents does not have to renew the faith after reaching puberty, because it is assumed that it is presumed to remain on the root of the fitrah or something closer to it.

That the child is governed by his conversion to Islam by subservience to the good of the parents in religion, so it is ruled by Islam to follow the one of his parents who embraced Islam, and if the one who embraced Islam is the mother, then her children become Muslims according to her, even if the father is not Muslim, and the child follows the best of the parents in religion, and if he was born of adultery.

This dependency is not discontinued, and the mandate is only achieved by reason and adulthood.

Because I see him, and the age of discrimination is not enough.

Saying that the dependency of the child does not cease with the death of the unbelieving parents or one of them in the abode of Islam, and therefore the cessation or cessation of dependency does not necessitate the ruling of the Islam of those whose children have not yet reached the age of Islam.