Adoption in Islam
From ilmpedia
(Redirected from Adoption)
Contents |
Adoption in Islam
The Prohibition of adoption
To ‘Adopt’ means to take someone else’s child/ren and making them legally ours. This is not approved in Islam. Here is why Islam views adoption as going against reality… From the Prophet’s [s] life we learn that his [s] wife, Khadijah bint Khuwaylid [ra], gifted her slave, Zayd ibn Harithah [r] to the Prophet [s] on their marriage. The Prophet [s] grew to love that boy and the boy likewise loved him [s]. When Zayd’s [ra] father came to claim him, Zayd refused and preferred to stay with the Prophet [s] due to the fatherly treatment he received from the Prophet [s]. The Prophet [s] did not want to disappoint Zayd’s father and bade them come with him to the Ka’bah; and standing in the Hijr, he [s] said in a loud voice, ‘All ye who are present, bear witness that Zayd is my son; I’m his heir and he is mine.’ [kitab at tabaqat by Muhammad ibn Sa'd 3/1,28]
The Prophet [s] also gave him his [s] name and called him Zayd bin Muhammad. But after some years, when the topic of the Prophet’s [s] marriage to Zayd’s former wife Zaynab [ra], arose; it was doubtful whether or not the Prophet [s] could marry his [s] son’s wife. Allah subsequently revealed-
‘Allah has not made for a man two hearts in his interior. And He has not made your wives whom you declare unlawful your mothers. And he has not made your adopted sons your [true] sons. That is [merely] your saying by your mouths, but Allah says the truth, and He guides to the [right] way.’ [ahzab 33: 4]
Allah says, ‘the wives of your sons who are from your loins, not the wives of the adopted sons, are permanently forbidden.’ [Nisa 4:23]
The Prophet [s] reverted Zayd’s [ra] name to Zayd bin Harithah [his biological father] and married Zaynab [ra].
Since adoption is not allowed in Islam, the appropriate word to be used is Foster care.
Confusion in what to name children who we foster
What do we name the children who we foster if we’re to not give them our name? What if we do not know the name of the child’s biological father?
Allah says, ‘Call them by [the names of] their fathers; it is more just in the sight of Allah. But if you do not know their fathers - then they are [still] your brothers in religion and those entrusted to you. And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever is Allah Forgiving and Merciful. [ahzab 33: 5]
What precautions must we take?
Since foster children are not our own, they are outside the Prohibited Degrees of Marriage; in other words, they’re non-Mahram. This being so, our daughters and wives must observe hijab in front of them [when the boys come of age] or if the foster child is a girl, she must observe hijab in front of our sons once they come of age.
Should they inherit?
Legally adopted children acquire a claim on the inheritance of the man and his wife, depriving the rightful, deserving relatives of their inheritance. Such a situation may arouse the anger of the relatives leading to arguments and breaking of the relations between the relatives – which is considered one of the major sins.
But that doesn’t mean that we leave them empty handed. From our total property, we may bequeath 1/3. This may be given to those children who are not our, but who we’ve raised.
Narrated Ibn ‘Abbas: I recommend that people reduce the proportion of what they bequeath by will to the fourth (of the whole legacy), for Allah’s Apostle said, “One-third, yet even one third is too much.” [Sahih al-Bukhari Vol. 4, Book 51, Number 6]
The blessings of raising an orphan
Even though adoption is not allowed, Islam encourages that we take care of and raise orphans or just any child/ren who’re in need. This may be in the form of giving Sadaqah to needy children for their schooling and general upkeep, or in the form of sponsoring an orphan in an orphanage. There are many options available out there for those who do not want to get into the hijab issues, but want to reap the benefits of raising orphans.
Narrated Sahl bin Sa’d, ‘The Prophet said, “I and the person who looks after an orphan and provides for him, will be in Paradise like this,” showing his middle and index fingers and separating them.’ [Bukhari Vol. 7 Book of Divorce, Hadith 5304]
Notes
This ilmpedia.net article/entry/page has be contributed by Sister Rukaiah Maulvi. Her books have been published by Dar-us-Salam Publications.
