All religions have given the orphan special attention to protecting his rights, maintaining them, and meeting his emotional and social needs. It also instructed others to be kind to him, making him feel wanted and loved. Allah says in the Quran 2:83 “And [recall] when We took the covenant from the Children of Israel, [enjoining upon them], “Do not worship except Allah; and to parents do good; and to relatives, orphans, and the needy… “. This verse includes being good to the orphans.
A Bible passage in Deuteronomy 14:29 says, “And the Levite, because he has no portion or inheritance with you, and the sojourner, the fatherless, and the widow, who are within your towns, shall come and eat and be filled, that the LORD your God may bless you in all the work of your hands that you do.”
The two main religions and world child care organizations recognize the importance of caring for orphaned children in a healthy and developed society so all its bylaws are reflecting this concern but Islam places higher premium on these rights of the orphans in Islamic law.
1-The right of custody: this covers what the child needs from the time of birth, like breast feeding, food, care, medical, clothes, and emotional aspects relating to mercy, warmth, and affection, all what he needs to be safe and secured emotionally. The custody is the orphans right, and it’s the duty of the mother as she is the most equipped and fit for it as the prophet pbuh said when asked by a child, who is the most worthy of my companionship? He said your mother, your mother, your mother, then your father, this is why her custody for the children extends to 15 years of age, and scholars said the girl stays with her mother custody until she gets married.
2-The right of being raised: the most valuable task of the family is upbringing a balance complete upbringing that includes, but is not limited to: teaching the orphan child the values of Islam and the performance of his religious Islamic duties by setting a good example, avoiding excessive spoiling, roughness, or weakness, as well as not preferring a child over the other, fulfilling their emotional needs by offering the proper care, love, and guidance suitable for every stage of childhood, and remembering that the negative behavior of the adult is a product of his childhood experiences.
3. The right to child support: child support means food, clothing, housing, education, medical care, and also the right to proof of heritage. Scholars have legislated the continuation of support until the child reach working age and if unable to work, he is entitled to support as long as he cannot earn their living
4: The inheritance right: as long as all children are entitled to inherit their parents, the orphan is worthy as well, if not more. Islam is very sensitive toward all children, and orphans are entitled to these rights. Final note: the Quran and Hadith have assured all who would help the orphans by great credit with Allah.
“And give to the orphans their properties, and do not substitute the defective [of your own] for the good [of theirs]. And do not consume their properties on your own. Indeed, that is ever a great sin, And He found you lost and guided [you] ,And He found you poor and made [you] self-sufficient, So as for the orphan, do not oppress [him],and as for the petitioner, do not repel [him]”. Q 4:2