What is adoption in Islam?
Adoption in Islam is a legal and social practice in which an individual or a couple takes on the parenting of a child who is not their biological offspring. The adoptive parents assume all rights and responsibilities from the biological parents, establishing a permanent parent-child relationship. Adoption practices are heavily influenced by cultural, legal, and religious factors worldwide.
In Islam, the concept of adoption differs significantly from the Western notion. While Islam encourages the care of orphans and children in need, it does not support the legal adoption process that involves changing a child’s lineage or surname. This highlights the unique relationship between adoption and Islam.
Islamic Rules on Adoption
The Quran highlights the importance of maintaining the biological lineage of an adopted child as a fundamental principle in Islam. This rule’s significance lies in preserving the child’s identity, family ties, and legal rights, underscoring the relationship between Islam and adoption.
Preservation of Biological Lineage
In Islam, maintaining the biological lineage of an adopted child is of the most significant importance. Islam highly regards fostering or caring for a child. However, the child retains their original family name from the adoptive family as a biological child would. The Quranic verse from Surah Al-Ahzab forms the basis of this principle.
In Islam, inheritance rights are tied to blood relations, so adopting a child does not grant them the same rights as a biological child. This serves to uphold the principles of adoption in Islam.
No Change in Inheritance Rights
The rules outlined in the Quran strictly govern inheritance in Islamic law. According to Surah Al-Ahzab, an adopted child does not have automatic inheritance rights from the adoptive parents as a biological child would.
This verse shows that blood relations determine inheritance rights, and adoption does not grant a child the same rights as a biological child.
Types of Adoption in Islam
Islam approaches adoption differently from other traditions due to specific rules and guidelines outlined in Islamic law. While Islam encourages the care and upbringing of orphans and needy children, it emphasizes the preservation of their biological lineage. The Islamic framework recognizes the following main types of adoption:
Kafala (Sponsorship)
Kafala is a form of adoption in Islam that allows a family to take care of an orphaned or abandoned child. The child receives care, love, and education, but their lineage remains unchanged. The child keeps their biological family name and does not inherit from the adoptive family unless specified in a will. This form of adoption is in line with Islamic teachings, emphasizing the importance of preserving a child’s lineage and inheritance rights. To learn more about sponsorship, visit this link;
- Orphan Sponsorship: Spiritual and Social Harmony in Islam
- Making a Difference: 7 Blessings of Donating to Orphans in Islam
Guardianship (Wali)
Islam recognizes guardianship as another form of adoption. In this arrangement, a guardian is appointed to care for a child’s needs and protect their rights until adulthood. The guardian is responsible for the child’s well-being, education, and upbringing. Similar to Kafala, the child’s lineage is preserved. The guardian does not become the legal parent, and the child does not automatically inherit from the guardian.
Foster Care
Foster care in Islam involves temporarily placing a child in the care of another family. The foster family provides the child with the necessary care and support. However, the child’s legal and biological ties to their birth family remain unchanged. IIslam encourages foster care as a means of supporting children in need. It provides a stable and nurturing environment for those who cannot live with their biological parents.
Temporary Adoption
Temporary adoption is less common but involves taking care of a child for a specific period, such as during a crisis or until the child can be reunited with their biological family. People usually view this adoption as an extension of Islamic principles of charity and caring for those in need.
Negative Effects of Adoption
Adoption that does not follow Islamic guidelines can negatively affect the child’s identity and rights. Additionally, it can impact the adoptive family’s adherence to Islamic principles. Here are some potential adverse effects:
Loss of Lineage and Identity
If a child’s lineage is not preserved, as required by Islam and adoption guidelines, it can lead to confusion about their origin and identity. Adoption in Islam emphasizes the importance of knowing and maintaining the child’s biological lineage. Failure to do so can result in the child losing their connection to their biological roots.
Changing a child’s name and fully integrating them into the adoptive family without recognizing their biological origins can trigger an identity crisis. This is especially true as the child grows older and becomes more aware of their background.
Inheritance Issues
Islamic inheritance laws clearly define how wealth is distributed among heirs. Suppose adoption is not carried out according to Islamic guidelines. In that case, the child may unjustly receive an inheritance that rightfully belongs to the biological heirs. Alternatively, the child may be wrongly deprived of inheritance from their biological family.
Social and Psychological Impacts
When a child is adopted into a family without proper recognition of their biological lineage, they may feel different from the rest of the family. This can lead to feelings of rejection or not fully belonging, which can have long-term psychological effects.
Moral and Ethical Concerns
If the adoption process involves hiding the child’s true lineage or deceiving the child about their biological origins, it can create moral and ethical issues. Islam places a high value on truthfulness, and such deception can lead to feelings of betrayal and mistrust.
Impact on the Child’s Rights
If the child is not allowed to maintain connections with their biological family, they may lose potential support systems. This can also deprive them of the right to understand their biological heritage.
Potential for Injustice
It’s important to ensure that adopted children are given the same rights and treatment as biological children. When adopted children are not fully included in the family’s social, emotional, or financial life, it can lead to feelings of injustice and inequality.
Mahram Status of Adopted Sons
In Islam, the term “Mahram” refers to individuals with whom marriage is permanently forbidden due to close blood relations, breastfeeding (through rida’a), or marital ties. According to Islamic law, adopted sons do not automatically become Mahram with the adoptive family through the act of adoption. This means that the adoptive mother and sisters do not consider the adopted son as Mahram, and vice versa.
To learn more about Mahram, visit this link: Mahram: Rules, Relationships, and Guidelines for Women.
As a result, the adopted son and female members of the adoptive family must observe the rules of the Hijab and modest interaction as they would with any non-mahram. In order to be considered a mahram, there would need to be an established blood or breastfeeding relationship, which does not occur through adoption alone. This distinction maintains the integrity of Islamic familial and social structures, ensuring that the adopted son retains his original lineage and associated legal and religious implications.
To learn more about the Hijab, visit this link: Importance of Hijab for Muslim Women.
Islamic Guidelines on Adoption for Specific Groups
Single and unmarried Women’s Adoption
In Islam, single and unmarried women are allowed to adopt, but they must adhere to Islamic guidelines. When a child is adopted, the adoptive mother is responsible for raising and caring for the child, but the child’s biological identity must be maintained. The child should retain their biological father’s name, and inheritance laws according to Sharia must be followed. The adoptive mother should ensure that the child is aware of their origins. As the child grows, gender interaction rules, particularly when the child reaches puberty, should be observed.
Single Parent Adoption
Single parents, whether mothers or fathers, can adopt in Islam, provided they ensure that the child’s rights to maintain their original family name and lineage are upheld. The adopted child is not considered a biological child, and therefore, Sharia laws regarding inheritance and relationships should be respected. Additionally, they should make provisions in a will if they wish to leave part of their estate to the adopted child.
Marrying an Adopted Sibling
In Islam, an adopted sibling is not considered a biological sibling and marriage between adopted siblings is permissible. However, if the adoptive mother breastfed the adopted child for 5 days, then they become “milk siblings,” and marriage between them would not be acceptable due to the principle of Mahram (non-marriageable kin).
Marrying an Adopted Daughter
Marrying an adopted daughter is not allowed in Islam. The Prophet Muhammad (PBUH) abolished the practice of adopted sons being treated as biological sons in all respects, including inheritance and marriage prohibitions. Therefore, the adoptive father cannot marry an adopted daughter as it would violate the principles of Islamic kinship and morality.
Frequently Asked Questions (FAQs)
Yes, adoption is allowed in Islam, but it must be done according to Islamic rules.
Adoption is legal in Islam, but it differs from the Western concept of adoption. In Islam and adoption, the adopted child does not take the adopter’s family name, and the child’s lineage must be preserved.
In Islamic law, an adopted child does not have automatic inheritance rights from the adoptive parents.
In Islamic tradition, the concept of adopting an adult is not commonly addressed and does not carry the same implications or guidelines as adopting a child. Any guardianship or care arrangement for an adult would be based on mutual agreement and does not change the legal or familial status in the same way a child’s adoption does.
Yes, it is permissible to marry an adopted sibling in Islam, as the adopted sibling is not considered a Mahram. Since the adopted child does not share blood ties with the biological children of the adoptive family. Islamic law permits marriage between adopted siblings, provided all other conditions of a valid Islamic marriage are met, including mutual consent and observance of Islamic marital laws.
Adoption is Halal (permissible) in Islam, provided it attaches to Islamic guidelines. Islam stresses the goal of adoption to provide care and protection to children in need while upholding Islamic principles that govern family and social relationships.
Conclusion
In conclusion, adoption in Islam is a noble and merciful act intended to provide care, love, and protection to children in need. However, it is essential to adhere to the specific guidelines outlined in Islamic teachings. Key points discussed include:
- The importance of maintaining the child’s biological family name.
- Understanding the Mahram status.
- Ensuring that inheritance rules are observed.
By following these guidelines, Muslims can fulfill their duty to care for orphans and vulnerable children while upholding the values of justice, respect, and integrity that are central to the Islamic faith. When done correctly, adoption in Islam not only supports a child in need but also offers a way to earn great rewards from Allah (SWT) by reflecting values of mercy, kindness, and social responsibility.
O Allah (SWT), help us fulfill our responsibilities towards those in need and guide us to act with justice and wisdom in all our affairs. Ameen.
