24.5.1 PREGNANCY & AND DELIVERY
Pre-natal diagnosis could be prohibited under the principle of
closing the door to evil if it leads to abortion. Amniocentesis to determine life and gender at time of father’s death
determines fetal inheritance rights. Consideration of maternal interest has priority over consideration of fetal interests
in medical and surgical interventions in pregnancy and delivery. Adhan and iqamat are required for the newborn. The ‘aqiiqah
ceremony for the newborn is a social occasion for introducing the baby as a new member of the community. Circumcision can
be delayed for fear of neonatal bleeding. Neonatal disease screening and immunization are encouraged by the Law. Breast-feeding
is mandatory for 2 years according to Qur’anic injunction. Foster breast-feeding is allowed but it creates relations
like those of a biological mother that restrict marriage. Use of artificial formulas is allowed but milk banks are discouraged.
Payments are made to a divorced mother for breast-feeding their babies. Post-partum hemorrhage has the same legal rulings
as menstruation. Post-natal depression may constitute deficient legal competence for making treatment decisions for the mother
Nafaqat includes all material sustenance needed for the infant
such as food, clothing, and medical care. The father is responsible for nafaqat during marriage and also after divorce. The
extended family and the state are responsible for financial maintenance of single poor mothers. Child abuse and neglect can
be physical, sexual, or psychological. Vaccination of infants is obligatory.
Hormonal treatment of slow growth is allowed. The age of 15 years
indicates legal maturity even if sexual maturation is not complete. The rules of hijaab and male-female interaction are applied
earlier in precocious growth to avoid transgression. Younger girls growing precociously are not married off because they are
immature. Parents can consent on behalf of young children for urgent cosmetic surgery but should wait until children reach
the age of consent for non-urgent surgery. Children are ordered to pray at the age of 7 and punished for missing prayer at
the age of 10. Children who grow rapidly could be allowed to undertake some transactions if their cognitive skills are judged
to be like those of adults.
24.5.4 ADOLESCENCE AND YOUTH
Adolescent and youth behavioral problems are best resolved by
preventive tarbiyyat. Intervention when they are already grown up is sometimes too late.
24.5.5 OLD AGE
The elderly, like the sick, are exempted from fulfilling all the
acts and conditions of the physical acts of ‘ibadat, salat, saum, and hajj. They pray sitting down or lying on the side.
They can make tawaaf carried by a person or a vehicle. They are exempted from the obligation of jihad and they can deny permission
for their only son from joining jihad. In cases of urinary or fecal incontinence, they wear a retainer, made wudhu and pray
immediately without waiting. Mental competence of the elderly is considered in marriage, divorce, transactions, evidence,
and criminal liability. Both males and females experience sexual problems.