ROOH-UL-AMIN KHAN, J. By invoking the constitutional jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Mst. Nisar Bibi and Gohar Ali, the petitioners (parents of respondents No.8 to 12), seek issuance of an appropriate writ directing the respondents (their sons) to provide maintenance, shelter , clothes and other necessities of life to them.
2. In essence grievance of the petitioners is that their sons/respondents No.8 to 12 are disobedient and slaves of their wives are neither ready to provide them shelter nor other necessities of life despite their old age, therefore, they are compelled to beg for charity in the streets to meet the expenses of their daily necessities. The petitioners approached the officials respondents for providing them shelter and financial aid but to no avail, hence, this writ petition.
3. In civil society Human rights are the basic standards that people need to live in dignity . In addition to the rights that are available to all people, there are rights that apply only to parents. It is clear that after Allah the parents are the persons who give innumerable favors to the children. They provide protection , food and clothing to the newly born. Mother sacrifices her comforts and sleep for providing comfort to her children. Father works hard to provide for their physical, educational and psych ological (and spiritual) needs. After Allah parents not only deserve for thanks and obedience for the favours they had done to their children but all the young members of either sex are morally , ethically and religiously bound to serve, facilitate, maintain and alleviate their parents . No doubt, in the developed countries, provisions of care to elderly parents has become a common event and the governments are constrained to develop Institutional structure for old age caring, but in this part of the world, the social families bonds have been strengthened by the religion of Islam. The Holy Quran lays stress on feeling grateful to parents, and doing good to them.
'And the Lord hath decreed that you worship none but Him and that you be kind to parents, (behave kindly with them and do not compel them to bring their needs to your attention; but fulfill their requirements before they have to tell you, even though in reality they are not in need of your assistance); if one or both of them attain old age in thy life, (and be-come angry with. you) say not to them a single word of contempt' '......(24).
The status of parents in Islam is very high. Every Muslim is bound to give respect and love to their parents as they are to be treated well at all times because this is a virtuous kind of act in the sight of ALMIGHTY ALLAH. Parents and children in Islam are bonded together by mutual obligations. ALLAH ALMIGHTY says in Holy Quran: "No mother should be harmed through her child and no father through his child..." (Quran 2: 233).
In Holy Quran respect of parents is mentioned about eleven times, ALLAH ALMIGHTY has mentioned in every instance to recognize and to appreciate love and care that the parents gave to child. Regarding this ALLAH says in Holy Quran: "And W e have enjoined upon man goodness to parents..." (Quran 29:8 & 46:15)
Islam explained that every Muslim must show kindness and mercy to his parents throughout their lives. It is obligatory on children to show love, respect, and gratitude to their parents. Always speaks to parents gently and respectfully . Parents as a team provid ed for all needs of their children, such as, Physical, Educational, Psychological, and in many instances, Religious, Moral, and Spiritual. It becomes obligatory for children to show the utmost Kindness, Respect, and Obedience to their Parents. ALLAH mentions that human beings must recognize their parents and that this is second only to the recognition of ALLAH Himself. In Holy Quran ALLAH ALMIGHTY beautifully explained: "And your Lord has decreed that you not worship except Him, and to parents, good treatment. Whether one or both of them reach old age [while] with you, say not to them [so much as] 'uff' [i.e., an expression of irritation or disapproval] and do not repel them but speak to them a noble word. And lower to them the wing of humility out of mercy and say: 'My Lord! Have mercy upon them as they brought me up [when I was] small.'" (Quran 17:23-24).
There are some traditions (Hadith) of Prophet Muhammad (SAW) about treatment with parents in the best way are mentioned below: "If someone is rude and disrespectful towards his parents, hurt them by saying insulting remarks or cause them grief or misery in any manner , then he shall find his place in Hell.
Once, someone asked the Holy Prophet (SAW): "What right does parents have over their children?" He answered: "They are your heaven and hell." (Ibn Majah).
The duties of children towards their parents extend even after their death. One of the best ways to honor the parents when they are gone is by being kind to their friends. Holy Prophet (SA W) said about it: "The best act of righteousness is that a man should maintain good relations with his father 's loved ones."
(Sahih Muslim).
In another Hadith Holy Prophet (SA W) said: "No child can compensate his father unless he finds him as a slave, buys him, and sets him free." (Sahih Muslim). The Prophet (SAW) placed kindness and respect towards parents just after the prayer offered on time as the prayer is the base of Islam. 'Abdullah Ibn Masood, said: "I asked the Prophet (SAW) which deed is most liked by Allah. He said: 'Prayer offered on time.'I asked him: 'Then what? He (SAW) said: 'Kindness and respect towards parents.'..." (Al-Bukhari)
4. On 15.03.2022, sons of the petitioners were summoned through SHO Police Station Badh Ber for 27.03.2022, out of whom Sajad appeared and stated at the bar that he is ready to accommodate his parents/petitioners in his house but petitioners are aggrieved from their other sons. After hearing mourning of mother/petitioner , her other sons were summoned through non-bailable warrant of arrest for today i.e. 24.03.2022, as such they were produced by the SHO Police Station Badh Ber before the Court. When confronted with the tears and sighs of their aged infirm and discouraged parents, none of them was inarticulate, dumb and speechl ess, while their mother standing on the rostrum was looking at them with longing eyes. The young married sons (each one father of four/five children) sensing the situation, expressed remorse on their shameful act and in the open court vowed that they shall do their best for looking after and caring of their parents. All the respondents (sons) agreed that they shall provide financial, medical and all kind of help and all kind of facilities to their parents. Respondent Sajjad made a statement at the bar that he shall shift his parents to his residence, where they shall be provided every kind of services, easement and facilities, while all the brothers agreed that they shall pay Rs.3000/- per month each to the petitioners for their well being to be maintained by Sajjad.
5. We being Muslims are bound to act upon the teachings of the Holy Quran and Sunnah of the Holy Prophet. In this view of the matter , this writ petitio n is disposed of in the terms that respondents shall maintain their parents/petitioners. They shall pay Rs.3000/- each to the petitioners for catering their basic needs of daily utilities.
They shall also pay visit once a week to the house of Sajjad or invite them to their houses individually . They shall behave and speak gently with their parents and treat them well because the pleasure of the ALLAH is under the pleasure of Parents, especially , the mother . All the brothers present in the court shall also inform their another brother , who is abroad about the instant order for payment of his contribution for wellbeing and welfare of the parents. The respondents/sons shall abide their commitment made before the court and in case of any violation, the petitioners shall approach and inform the SHO of Police Station Badh Ber for doing the needful. This petition is disposed of accordingly .