Question : A question was asked regarding how the children of the unbelievers (mushrikin) are to be judged.

Fatwa in Brief: The children of polytheists shall be tried on the Day of Judgment; those who obey will go to Heaven and those who disobey will descend into the flames of Hell.

The Permanent Committee (for Islamic Research and Legal Opinions), 365/3.

Response:

A fatwa saying that children should be tried and tortured in Hellfire is inconsistent with the merciful teachings of Islamic law; it is also illogical. If we have shown that Muslim scholars do not hold an adult, rational person will be tortured in Hell because he did not receive the message of Islam [during his lifetime]; how, then, can a minor be tried and tortured according to Islamic law, when the worldview of Islamic law is, in general, so compassionate of humanity?

Commentary:

The events of the Hereafter are divine secrets known only to God, and He has made them known to us through the Prophets and messengers. If they die before adolescence, the time at which they begin to take [legal] responsibility for their actions, children will be treated [on Judgment Day] as having adopted the most noble religion of their parents. As such, the destiny of Muslim children is Heaven, a fact that is borne out by several hadiths. One of these is reported by Muslim; here, children will intercede for their parents on the Day of Judgment, and God will send both parents and child to Heaven. Such children are free to wander in Heaven, and are never prevented from entering any of its houses. They are known as “da’amis”. This is how the Qur’anic interpreters explained the following verses:

“Gardens of Eden which they enter, along with all do right and their help mates and their offspring”. (Q. 13:23)

 “And they who believe and whose seed follows them in faith”. (Q. 52:21)

The children of non-believers, on the other hand, will not follow their parents into Hellfire as they died before they were expected to take [legal] responsibility for their actions. Hence, they do not fulfill the criteria by which a person is either punished or rewarded. Rather, they died in a state of natural innocence and will, God willing, go to Heaven. This idea is supported by a hadith included in al-Bukhari’s collection, according to which Samra ibn Jundub reported that, in one of his Revealed dreams, the Prophet (upon him be peace) spied an old man sitting in a garden surrounded by children. This man was [the Prophet] Ibrahim (upon him be peace); and in the garden of Paradise he cares for every child that dies in the natural state of innocence. Some Muslims said: “O Messenger of God, but what about the children of the unbelievers?” He [Muhammad, upon him be peace] replied: “they will be included”, which clearly means that they will go to Heaven. [The jurist] Al-Nawawi observed that this is the correct and best explanation of what will happen to the children of polytheists.[1] He did so on the basis of this Qur’anic verse:

“We never punish until we send a messenger”. (Q. 17:15)

Reasoning that, if a sane, adult is not punished if he did not receive the Muslim message, then it is logical that minors [who obviously also do not receive this message in a way that they can understand] should also not be punished.[2]

In the Musnad of Ahmad ibn Hanbal, al-Aswad ibn Sari‘is reported as saying that, during a raid with the Prophet (upon him be peace), there was much killing, and even small children died [in the chaos of battle]. This [slaughter] was reported to the Prophet (upon him be peace); and he said “What to say to a people who did not exceed the limits of killing today until they slaughtered children”. A man spoke up and said: “O Messenger of God, they were [only] the children of unbelievers”. The Prophet replied, “Remember that the best of you were once the children of unbelievers!” Then he declared “never kill children, never kill the young; all creatures are born innocent until they can express themselves in words; it is their parents that make them Jews or Christians”.[3]

And God knows best.

Dr. Muhammad Fouad