Muslims and Adoption

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ashkarlives4ALLA H

Yemen

#1 Dec 24, 2012
Is Adoption legal in Islam?Is Adoption legal in Islam?

If adoption means giving a loving home and family to a orphaned / displaced child and to look after and raise him just like you would do to your biological child, the answer is YES!. The only thing which is not legal is trying to change a child's biological identity -- which is actually something that is not possible logically. Islam totally allows Muslims to raise children who are not born to them, to look after them, and support them financially, emotionally and spiritually, but they must name the children after their biological fathers.

Islam encourages the believers to look after and take care of children who have no parents and to treat them like their children by birth. However, Islam's stance on adoption rests on the necessity of keeping the biological parents of the child always in the picture. Keeping the original surname of the child, and letting him know the identity of his birth parents are some of the conditions stipulated by the Islamic law when legalizing fostering. The reasons are thus: in Islam, children have automatic rights to inheritance from their biological parents, they can not marry their Mahrams (unmarriageable persons) and they can marry from their adoptive family if no suckling took place. The rules of modesty / hijab exist between the grown child and adoptive family members of the opposite sex. If the child is provided with property/wealth from the biological family, adoptive parents are commanded to take care and not intermingle that property/wealth with their own. They serve merely as trustees and are bound to make the child owner of all such wealth once he/she reaches maturity. All these rules have to be taken into consideration for a Muslim adoption.

Describing the important rule of adoption and its logic, Allah Almighty says : "Allah has not assigned unto any man two hearts within his body, nor has He made your wives who you declare (to be your mothers) your mothers, nor has He made your adopted sons your sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers: that is juster in the sight of Allah. But if you know not their fathers, then (they are) your brethren in the faith, and your clients. And there is no sin for you in the mistakes that you make unintentionally,(what counts is) the intention of your hearts. Allah is Oft-Forgiving, Most Merciful." (Qur'an 33: 4-5)
ashkarlives4ALLA H

Yemen

#2 Dec 24, 2012
Treatment of orphans:

At many places in Qur'an, Allah commands to treat the orphans with kindness and instructs their rights in a Muslim society. In fact in many verses, the rights of orphans are stated BEFORE the rights of Allah on a Muslim, so the mere sequence of words is enough to stress the importance of this matter. Some of the verses are quoted below:

"It is not righteousness that you turn your faces towards East or West; but it is righteousness to believe in Allah and the Last Day, and the Angels, and the Book, and the Messengers; to spend of your substance, out of love for Him, for your kin, for orphans, for the needy, for the wayfarer, for those who ask, and for the ransom of slaves; to be steadfast in prayer, and practice regular charity, to fulfill the contracts which ye have made; and to be firm and patient, in pain (or suffering) and adversity, and throughout all periods of panic. Such are the people of truth, the God-fearing." ( Qur'an 2: 177)

"Did He not find you an orphan and give you shelter (and care)?. And He found you wandering, and He gave you guidance. And He found you in need, and made you independent. Therefore, treat not the orphan with harshness, nor repulse a petitioner (unheard). But the bounty of thy Lord - rehearse and proclaim!" (Qur'an 93:6-11)

Adoption and Prophet Muhammad (peace be upon him):

The most important related fact is that Prophet Muhammad (May Allah rest him in peace) himself adopted a former slave (a totally non-related child) and raised him with the same care as if he were his biological son. His adopted son Zayd was even named as Zayd ibn Muhammad (Zayd the son of Muhammad) until the restriction on naming was revealed by Allah and he was then renamed after his birth father as Zayd ibn Harithsa (Zayd the son of Harithsa). But in all matters of responsibility, affection and bonding, the Prophet dealt with Zayd just like a son throughout his life.

An orphan himself, Muhammad (peace be upon him) paid special attention to the care of children and encouraged the followers to shelter and take utmost care of the orphans and needy children. An authentic saying of his is: "I and the person who looks after an orphan will be in Paradise together like this..." - then he raised his forefinger and middle finger together .(Hadith Bukhari)
ashkarlives4ALLA H

Yemen

#3 Dec 24, 2012
Why is adoption not a common phenomenon in Muslim societies?:

So although adoption is very much legal in Islam and there are the highest possible examples to follow on this path, we don't find adoption a common phenomenon in Muslim societies, when we compare with the same trend in Western societies. Why?. One of the logical answers I could find was: the number of adoptions in a society is directly proportional to the number of displaced children in that society; higher the number of such children, more is the focus / awareness on the issue and more procedural support exists thus resulting in more adoptions. A Muslim society naturally practices some rules which results in lesser instances of totally displaced children. Let's take a look at these reasons.

Foremost, Muslim societies practice an extended and strong family system . It is rare for a child to be completely orphaned, without a single family member to care for him or her. Islam places a great emphasis on the ties of kinship -- a completely abandoned child is quite uncommon. Islamic law places an emphasis on locating a relative to care for the child, before allowing someone outside of the family, much less the community or country, to adopt and remove the child from his or her familial, cultural, and religious roots.

It is religious obligation for Muslims to give financial help to orphaned children / needy families and to treat them with kindness. Charity or Zakat (giving away a fixed percentage of one's accumulated wealth each year) is MANDATORY on all financially capable Muslims. The foremost rightfuls of this charity are orphans. The recommendation is to spend in circles, in the close family, then in extended family, then in your area / neighborhood, then in your friends and acquaintances and to help in best way possible. Apart from mandatory charity, other forms of optional charity are also highly encouraged and are very common in Muslim cultures. This results in most of the orphans and needy to be taken care of by their family / friends/ neighbors in such a way that the children can stay with an existing parent or some other family member instead of being placed for adoption.

The joint family system , which is a special and very common way of living (specially in South East Asia and Middle East) is where 3 generations actually live as one family unit - parents, their children and families of their married sons all live together in one place. If a child becomes orphan in such cases, there is simply no question of him being unsettled from the family shelter or be placed for adoption, he is immediately cared by his uncles / grandparents. Even if living in a single family unit, the grandparents / uncles usually assume the guardianship / fostering of the orphaned children and if needed the children start living with their grandparents or uncle's families. Chances of being displaced or put in an orphanage are minimal. In many instances an elderly family member probably an aunt or uncle come to live with the orphaned children in the same home so that they don't need to change their residence and familiar surroundings, while financially they are supported by the extended family.
ashkarlives4ALLA H

Yemen

#4 Dec 24, 2012
Islam puts a great deal of importance on family dealings, especially between a married couple. The family unit is the foremost 'topic' discussed in Qur'an and all required rules are chalked out in minutest details. The family model and rules are clearly defined and stressed repeatedly. Muslim culture thus creates stronger, more bonded, and more lasting marriages and families which implies lesser disruptions, thus much lesser neglected , abused or displaced children in the society

Extra marital relationships are strictly prohibited in Islam and pre-marriage intimacy is the greatest of sins and bears a severe penalty on the offenders, both in this world and the after-world. It is a fact that more than 90% of Muslim men and women are virgins until they marry and they remain intimately committed to their partners life long. The cultural and social setups and the observation of pardah (modesty) also make such occurrences highly uncommon. Result: Minimal unwanted pregnancies, and lesser abandoning of newborns, also minimum broken marriages -- lesser waiting and displaced children -- lesser adoptions.

Islam strongly discourages divorce. Although allowed in needful cases, both men and women enabled to initiate the divorce process, but it is advised to be the most undesirable act for a married couple. Marriages are usually arranged by parents and marriage within first or second cousins is quite common. Even if outside family, marriage is culturally a binding of two 'families' not just two individuals. All this results is couples taking the issue more seriously and exerts a social pressure which causes them to try their best to make the marriage work and in the long term. Result : lesser disrupted families and lesser displaced children.
ashkarlives4ALLA H

Yemen

#5 Dec 24, 2012
Even in the case of a broken family due to divorce, the financial provisions for the children remain the legal responsibility of the biological father. Also culturally a divorced women with children is less likely to get involved in another relationship and get married (although remarriage is not prohibited, but rather is encouraged), so children are still taken care of by the separated parents both financially and emotionally and are very less likely to be in need of adoption. On the other hand, if the encouragement offered by Qur'an and the life of Holy Prophet is followed and the divorced people marry again, the children are culturally and religiously the recipients of kindest behavior and the chances of neglect / abuse are slight, enabling them to stay within family instead of landing in foster cares.

Multiple wives (at most four) are allowed in Islam within certain restrictions and conditions. This is cultural specially in Middle Eastern countries where multiple wives and their children usually live together in a warm, loving and coordinated manner. Again this produces some immediate emotional and social backups for children and even in case of being orphaned, children easily live with their loving family members. No chances of adoption again!. This religious and cultural provision in fact avoids adoption in another major way, for infertile couples if the cause is on the wife's side, it is not rare for the man to have two wives in order to adorn the family with kids, rather than to turn to adoption.

Islam strictly prohibits drinking and drugs, this also bears significant penalty on offenders in both lives. Socially and culturally, drinking is considered unacceptable. Liquor / Drugs is not allowed to be sold openly. So another main cause of child neglect / abuse in the form of addicted parents is cut off to slightest and obviously negligible number of addicted parents results in lesser displaced children due to abuse and neglect -- again leading to a low population of children in need of adoption.
ashkarlives4ALLA H

Yemen

#6 Dec 24, 2012
Child abuse is in fact the rarest phenomenon in a Muslim society. The rights of children are explicitly defined along side the parents' rights. This ensures a strong cohesive family structure. In the absence of drinking/drug use and with the stringent extra marital relationships restrictions, parents are bound to spend more time at home, be more in their senses, be less frustrated and so to treat their kids more sensibly. So no foster care systems for neglected / abused children exist as they do not form a quantifiable size of society. In fact this kind of adoptions are quite unheard of in Muslim societies.

The role of a married women is clearly outlined to be the one having the foremost responsibility of raising her kids and the role of a married man is explicitly defined as the one to be the bread winner for the family. So in a Muslim culture, women tend to stay at home with their kids and focus on building stronger , more bonded families instead of focusing on their professional careers and money making. These stringently outlined roles give a stability to the family, and although western cultures may struggle to understand at times these culturally accepted roles, in the Muslim culture these roles lead to strong and bonded families with little opportunity for a 'broken home'.
ashkarlives4ALLA H

Yemen

#7 Dec 24, 2012
Islam surrounding this relationship:

An adopted child retains his or her own biological family name (surname) and does not change his or her name to match that of the adoptive family.
An adopted child inherits from his or her biological parents, not automatically from the adoptive parents.
When the child is grown, members of the adoptive family are not considered blood relatives, and are therefore not muhrim to him or her. "Muhrim" refers to a specific legal relationship that regulates marriage and other aspects of life. Essentially, members of the adoptive family would be permissible as possible marriage partners, and rules of modesty exist between the grown child and adoptive family members of the opposite sex.
If the child is provided with property/wealth from the biological family, adoptive parents are commanded to take care and not intermingle that property/wealth with their own. They serve merely as trustees.
ashkarlives4ALLA H

Yemen

#8 Dec 24, 2012
Despite all the facts described above, there are cases of truly orphaned children within the Muslim society. But the emphasis of Islam is to have these children fostered / adopted in their own religion and culture. It is not legal to allow a Muslim child be adopted in a non-Muslim family. It is greatly stressed to have the child's faith retained and not changed forcibly. His faith can surely see him through the tests of life (while his financial needs are responsibility of the State and the society), a family is not guaranteed to do so.

“Proud Southerner”

Since: May 07

Israel, betach b'HaShem!

#9 Dec 25, 2012
Thanks.
ashkarlives4ALLA H

Yemen

#10 Dec 25, 2012
Lipush wrote:
Thanks.
u r welcome dear Lipush.

“Proud Southerner”

Since: May 07

Israel, betach b'HaShem!

#11 Dec 26, 2012
"Islam's stance on adoption rests on the necessity of keeping the biological parents of the child always in the picture."

About that, if leaving the child in contact with a biological parent, then it's not adoption, but foster caring. Adoption is mostly when the child has no connection between him/her and biological parent.

“Proud Southerner”

Since: May 07

Israel, betach b'HaShem!

#12 Dec 26, 2012
What will be the sentence once there is a conflict between biological parents and adoptive parents?
ashkarlives4ALLA H

Sanaa, Yemen

#13 Dec 26, 2012
Lipush wrote:
"Islam's stance on adoption rests on the necessity of keeping the biological parents of the child always in the picture."
About that, if leaving the child in contact with a biological parent, then it's not adoption, but foster caring. Adoption is mostly when the child has no connection between him/her and biological parent.
this is great sin that child has no connection between him/her and biological parent it is great wrong According to the Sharee'ah (Islamic law), there is no legal adoption. It is prohibited for a person to legally adopt a son or a daughter of whom he is not the biological father. If a person adopts a son or daughter, the Sharee'ah will not confer on the adopted person the status or rights of a biological son or daughter. According to the Quran, one cannot become a person's real son merely by virtue of a declaration; Allaah Says (what means): "...And He [i.e., Allaah] has not made your claimed [i.e., adopted] sons your [true] sons. That is [merely] your saying by your mouths, but Allaah says the truth, and He guides to the [right] way. Call them [i.e., the adopted children] by [the names of] their fathers; it is more just in the sight of Allaah. But if you do not know their fathers, they are your brothers in religion…" [Quran 33: 4-5]
This shows that the declaration of adoption does not change realities, alter facts, or make a stranger a relative, or an adopted child a son or daughter. A mere verbal expression or figure of speech cannot make the blood of a man run through the veins of the adopted child, produce natural feelings of affection found in normal parent-child relationships, or transfer the genetic characteristics, or physical, mental, or psychological traits.
Justice is Respect for Others
The central notion of justice in the Sharee'ah is based on mutual respect of one human being for another. The just society in Islam means the society that secures and maintains respect for people and their rights through various social arrangements that are in the common interest and welfare of the general public. Islam views adoption as a falsification of the natural order of society and reality. The prohibition of legal adoption in Islam was ordained to protect the rights of the adopted, adopter, biological parents, other individuals affected by the adoption, and society as a whole.
Lineage and Legitimacy
The child is an extension of his father and the bearer of his characteristics. He takes his name and increases his progeny. Likewise, the child in Islam also has the equally inalienable right to legitimacy. The principle of legitimacy holds that every child shall have a father and one father only. This is why Allaah has ordained marriage and has forbidden adultery, so that paternity may be established without doubt or ambiguity and that the child may be referred to his father, and the father to his sons and daughters. Hence, adoption cannot be used in Islam to hide the illegitimacy or the paternity of the child.
Inheritance
By adopting someone's child as one's own, the rightful and deserving heirs to the property of a man are deprived of their shares. Hence, Islam has made it Haraam (forbidden) for a father to deprive his natural children of inheritance. Allaah has established the distribution of inheritance in order to give each eligible person his or her share. In matters of inheritance, the Quran does not recognise any claim except those based on relationship through blood and marriage. The Quran stipulates (what means): "And those who believed after [the initial emigration] and emigrated and fought with you – they are of you. But those of [blood] relationship are more entitled [to inheritance] in the decree of Allaah. Indeed, Allaah is knowing of all things." [Quran 8:75]
Marital Relations
ashkarlives4ALLA H

Sanaa, Yemen

#14 Dec 26, 2012
Marital Relations

Taking a stranger into the family as one of its members and allowing him to be in privacy with women who are non-mahram (i.e., non marriageable relatives) to him is a deception, for the adopter's wife is not the adopted son's real mother, nor is his daughter the boy's sister, nor is his sister the boy's aunt, since all of them are non-mahram to him and vice-versa for an adopted daughter. The Quran has, thus, declared that only the wives of one's real sons, and not the wives of any sons under one's care, are permanently forbidden in marriage. This is according to the verse (which means): "…The wives of your sons who are from your [own] loins…" [Quran 4:23]

Accordingly, it is permissible for a man to marry the divorced wife of any son under his care, since, in actuality, she has been the wife of a 'stranger' who was not related by blood. Also, when the adopted child's lineal identity or paternity is changed, it is quite possible that the adopted child may, unknowingly, enter into incestuous relationships by marrying close relatives of his natural parents; also, his marital chances may, in general, become subject to confusion.

Solidarity

If the adopted child were to receive a claim on the inheritance of the adopter, the real relatives may become rightfully angry feeling that the adopted child has received something that is not rightfully his, depriving them of their full inheritance. This could lead to quarrels, fights and the breaking of relations among relatives. Therefore, adoption is not conducive to family solidarity and overall harmony and peace, which are necessary for social stability.

Allowable Forms of 'Adoption' in Islam

Orphans:

This is a completely different form of adoption, which is not prohibited by Islam - that is, when a man brings home an orphan and wants to raise, educate, and treat him as his own child. In this case, he protects, feeds, clothes, teaches, and loves the child as his own without attributing the child to himself, nor does he give him or her the rights which the Sharee'ah (Islamic Law) reserves for his natural children. This is a meritorious and noteworthy act in Islam, and the man who does it will be rewarded by being admitted to Paradise. Prophet Muhammad once said: "I and the one who raises an orphan, will be like these two in Paradise (and he pointed his middle and index fingers)"

There are also numerous Quranic verses that support the act of taking care of orphans and enough cannot be said about how pleased Allaah is with this noble and charitable act, see:[Quran: 2:220; 4:2; 4:6; 4:10; 4:127; 17:34]
ashkarlives4ALLA H

Sanaa, Yemen

#15 Dec 26, 2012
Foundlings:

A foundling or abandoned child is also regarded as an orphan, and one may apply the term 'wayfarer' to him as well. In this case too, as in that of orphans, the child's lineal identity must be unchanged and parenthood to the natural parents should not be denied. When the parents of such children are unknown, the children must be made brethren in faith; See [Quran: 33:4-5], as cited at the beginning of this article.

If a man is childless and wishes to benefit such a child (orphan or foundling) from his wealth, he may give him whatever he wants during his lifetime.

Modern Forms of Adoption: Artificial Insemination

Islam safeguards lineage by prohibiting adultery and legal adoption. In the same way it forbids artificial insemination if the donor of the semen is other than the husband. Thus, Islam keeps the family line clearly and unambiguously defined without any foreign element entering into it. That is why Muslim scholars unanimously consider artificial insemination a despicable crime and a major great sin, to be classified in the same category as adultery.

It is a more serious crime and detestable offence than adoption, for the child born of such insemination incorporates in itself the result of adoption - the introduction of an alien element into the lineage in conjunction with the offence of adultery, which is abhorrent both to the divinely revealed laws and to upright human nature. By this action the human being is degraded to the level of an animal, which has no consciousness of the noble bonds of morality and lineage which exist among the members of a human society.

“Proud Southerner”

Since: May 07

Israel, betach b'HaShem!

#16 Dec 26, 2012
ashkarlives4ALLAH wrote:
<quoted text>
If a mother or father is not interested in any connection with the child, how comes it is illegal to adopt?

"This shows that the declaration of adoption does not change realities, alter facts, or make a stranger a relative, or an adopted child a son or daughter."

True, but that is not what I meant. Furthermore, you'll discover that at times having "connection" which is not a REAL connection with a biological parent, while being adopted, is causing major confusion for a child, who basically belongs to 4 people, judging by that logic.

"Islam views adoption as a falsification of the natural order of society and reality".

That is different from where I live. It's considered Tikkun Olam. Who is a mother? one who gives birth or one who raises you? there is more than one way to answer that question.

From the last part it is not clear. Do adopted children has the right to inherite?

“Proud Southerner”

Since: May 07

Israel, betach b'HaShem!

#17 Dec 26, 2012
ashkarlives4ALLAH wrote:
....
Orphans:
This is a completely different form of adoption, which is not prohibited by Islam - that is, when a man brings home an orphan and wants to raise, educate, and treat him as his own child. In this case, he protects, feeds, clothes, teaches, and loves the child as his own without attributing the child to himself, nor does he give him or her the rights which the Sharee'ah (Islamic Law) reserves for his natural children. This is a meritorious and noteworthy act in Islam, and the man who does it will be rewarded by being admitted to Paradise. Prophet Muhammad once said: "I and the one who raises an orphan, will be like these two in Paradise (and he pointed his middle and index fingers)"
There are also numerous Quranic verses that support the act of taking care of orphans and enough cannot be said about how pleased Allaah is with this noble and charitable act, see:[Quran: 2:220; 4:2; 4:6; 4:10; 4:127; 17:34]
That is the part in which I was interested in, thanks.

“Proud Southerner”

Since: May 07

Israel, betach b'HaShem!

#18 Dec 26, 2012
Ashkar, if you may, please answer my question in post nu#12
ashkarlives4ALLA H

Sanaa, Yemen

#19 Dec 26, 2012
Inheritance to adopted son.

Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Can adapted son have property share? since the man has no male child.
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
Answer:
Inheritance to adopted son
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
As much as adoption is absolutely lawful in Islam and an extremely meritorious deed in the Sight of Allah Subhanah, the adopted child is not a legal heir of his/her adopted parents in Shariah and will not be entitled to any share in the inheritance of his adopted parents after their death.
The adopted parents are at liberty to give as a ‘gift’ as much as they will to their adopted child during their own lifetime; or alternatively they are well within their rights to make a will bequeathing no more than a maximum of one-third of their property to their adopted child or anyone they wish other than their legal heirs.
If a man dies and leave no male child, his legal heirs (father, mother, wife, daughters, etc.) will be lawfully entitled to inherit his property after the fulfillment of the deceased’s debts and will (if any). The adopted child will not be entitled to any share of the inheritance unless and until his adopted parent has bequeathed them something in their will.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,
ashkarlives4ALLA H

Sanaa, Yemen

#20 Dec 26, 2012
Lipush wrote:
<quoted text>
If a mother or father is not interested in any connection with the child, how comes it is illegal to adopt?
"This shows that the declaration of adoption does not change realities, alter facts, or make a stranger a relative, or an adopted child a son or daughter."
True, but that is not what I meant. Furthermore, you'll discover that at times having "connection" which is not a REAL connection with a biological parent, while being adopted, is causing major confusion for a child, who basically belongs to 4 people, judging by that logic.
dear lipush the purpose of adaption declaration of adoption does not change realities, alter facts.it is ok if father or mother is not interested in any connection with the child but that also great sin ALLAH swa will punish them advice be better than them ask about them enough not unnecessary 2 deep connection just ask if they ok or no do ur job because ALLAH swa loves who forgive the others even if they started u . REAL connection with a biological parent, while being adopted, is causing major confusion for a child, who basically belongs to 4 people maybe that is correct but the true is true real is real which is ur adopted parents not ur real biological parent,if the adopted parents have son this son wants 2 marry u he can because u r not his biological sister.

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