Adoption in Islam

Does anyone know the status of adoption in Islam? Is it permitted? If not, why not? If not, whats the alternative to adoption (ie. what is the solutsion for unwanted babies, or orphans)?

Achtung

Achtung,

As far as I am aware, adoption is not only accepted in Islam, it is positively encouraged. I am pretty sure that it is recommended in the Qur'an although I stand to be corrected.

Mr. X please do read the books of hadith and quran and do provide some references. DOnt just say out things which you have no knowledge of it is sin to do that!!! READ on!!

Both statements of the prohibition of adoption in Islam and the Prophet's adoption of Zaid are correct. The explanation of these two apparently contradictory facts lies in their chronological order. Zaid ibn Harithah was a young child when he was kidnapped by fighters who raided the living quarters of his tribe when their men were out on their business. Zaid was sold as a slave and he ended up in Makkah when he was given as a gift by her uncle to Khadeejah, who later was married to Muhammad, her third husband. At that time, he was 25 years of age. Lady Khadeejah was a rich woman who married Muhammad, having learned much about his character which filled her with admiration. At that time, Muhammad was being carefully prepared by Allah for his forthcoming mission as the last prophet to be sent to mankind. Needless to say, neither he nor Khadeejah knew anything at that time. Prophet-hood came 15 years after his marriage. Khadeejah made a gift of Zaid to her husband so that he would have a good servant. Zaid's father was full of grief when he learned of what had happened to his son. He tried hard to find out where he was carried to. Perhaps, it was a few years before he learned that Zaid was in Makkah, a slave in one of its most distinguished households. He, therefore, traveled with his brother hoping to buy his son's freedom. When they spoke to Muhammad about Zaid, they requested him to agree to sell Zaid back to them and to accept a reasonable price for him. He made them a different offer saying: "I will charge you nothing. If he prefers to stay with me, I will not part with anyone who prefers my company." They said: "This is indeed a very reasonable offer." When Zaid was called in, Muhammad asked him whether he recognized the two men. On receiving an affirmative answer, Muhammad offered him the choice of going back or staying with him. Unhesitatingly, Zaid chose to stay with Muhammad saying to his father and his uncle, "I have seen things of this man which make me keen never to part with him." When Zaid made his choice, Muhammad took him by the hand and went to the Ka'aba where he addressed the people present saying to them: "Bear witness that I have adopted Zaid as a son who will inherit me and I will inherit him." Zaid's father was gratified and he went back home with his brother. This is how the adoption of Zaid by the Prophet came to pass, long before he became a prophet. Ever since that day, Zaid was called in Makkah and everywhere else as "Zaid ibn Muhammad." This continued to be the case throughout the 13 years during which the Prophet preached his message in Makkah and in the early years of his stay in Madinah. It was later that the verses of the Qur'an which speak of adoption were revealed. These make it clear that adoption is prohibited and that every adopted son or daughter must be called after his or her real father. This automatically abrogated the adoption of Zaid who reverted to his original name, Zaid ibn Harithah, in compliance with Allah's orders. The Prophet was very kind to Zaid through their association. He arranged Zaid's marriage to his own wet nurse Umm Ayman who gave birth to Zaid's son Ussamah, whom the Prophet loved very dearly. Later on, the Prophet married Zaid to his own cousin, Lady Zainab, who only accepted the marriage to please the Prophet. The marriage was an unhappy one and Zaid reluctantly divorced Zainab. The seal on the prohibition was placed by Allah Himself when He instructed the Prophet to marry Zainab. Thus, the Prophet demonstrated practically the nullification of all adoption. Had adoption been of any significance, it would not have been possible that the Prophet marries a former wife of his former adopted son. The fact that the marriage took place and was specifically ordered by Allah left no doubt whatsoever that adoption is totally forbidden in Islam.

Jaawan


Till next time*K_I_S_S*

Jaawan,

Like I said, I stand to be corrected! And a fine job you did too!

Anyway, the reason I assumed that adoption was ok was because I know a religious family who have adopted a couple of kids despite having children of their own. It's not an issue I know a lot about frankly.

Just out of interest, can you provide me with the ayat which prohibits adoption? As you say, references are important.

so the situation is that u can take a kid from one of them homes feed it, clothe it and stuff but u cant give it ur name?

if thats the case then what the kid needs is a home not ur name.

so the situation is that u can take a kid from one of them homes feed it, clothe it and stuff but u cant give it ur name?

if thats the case then what the kid needs is a home not ur name.

I'm taking this out of a book called What Islam Says- by Ibrahim B. Hewitt and is published by the Muslin educational Trust.

In Islam, the issue of adoption must be looked at in the light of the structure of the family, the inheritance laws and the laws concerning relationships and marriage. Islam is very clear about these matters and so great care has to be taken when considering situations such as adoption.

Of course, taking an orphan or a homeless child into your own home to care for and educate is an act of great merit.

Prophet Muhhamad (swt) said. " I and the one who rases an orphan will be like these two [pointing to his index and middle fingers] in Paradise." (Al-Bukhari, Muslim)

In other words, such a person will be very close to the Prophet in the Hereafter, something all Muslims pray for.

In pre-Islamic Arabia, it was common practice for ppl to call anyone their 'son' and that person automatically took on the rights of a real son. This was conde,ned by Allah in the Qur'an because of the possible confusion and wrongs which could arise from such an unreal relationship. This is where the considerations mentioned above must be looked at.

For example, once this 'adopted son' has reached the age of puberty he would, under Islamic Law, be forbidden to mix socially with the women in the household with whom he has no blook link; technically he is a stranger to them and they must wear full Islamic dress in front of him, something they would not do in front of their own sons, brothers, nephews, uncles and others whom they are prohitbited from being married. The same would be true for a girl who would have to wear Islamic dress at all times in front of her 'adopted father' and the male members of the family to whom she could be married because of the missing close blood link. An exception to this would be if the adopted child is taken into the family home as a baby and is suckled by the mother of the house. After reaching adulthood the adopted child would then be unable to marry any of its 'bothers' or 'sisters' who have suckled from the same mother and would thus be able to mix in the home as a close member of the family.

The laws of inheritance in Islam are also very clear, and every relative has a right to receive a set of proportion of the estate. An 'adopted child' cannot, as of right, make a claim on the deceased 'parent's' estate unless the person has made provision for such a settlement out of the part of the estate left for bequests, etc in their will.

It is wrong to adopt someone and give them your family name as if they are blood members of the family, saying 'this is my son' or 'this is my daughter', especially if their birth parents are known. Islam is very similar to present day thinking concerning adoption in this respect; it is important for the adopted children to know they are adopted and, if possible, who their birth parents are. If such facts are kept away from them, it is perfectly possible for heartbreaks and confusion to arise as youn adults.

For example, imagine that a brother and sister have been separated for adoption, as very young children and both grow up in ignorance of the circumstances of their adoption. Imagine that they meet in later live and are sexually attracted to the point of contemplaitng marriage. Such a scenario is not beyond the bounds of possibility and will be avoided if the Islamic way is followed.


"A real friend is one who walks in when the rest of the world walks out." -Walter Winchell

adoption is forbidden in Islam is most certain. As you realize, all things are
permissible unless they are ruled otherwise. The authority to forbid something belongs to Allah alone. When He forbids something, He either states the prohibition in the Qur'an or instructs His last messenger to declare it so. Today, we can only declare something forbidden if rulings of prohibition in the Qur'an and the Sunnah apply to it. Let us, therefore, look what the Qur'an says
about adoption. In verses 4 and 5 of surah 33, entitled "Al-Ahzab" or "The Confederates" or "The Clan" we read what may be rendered in translation as follows: "He has never made your wives whom you have declared to be as unlawful to you as your mother's bodies truly your mothers, so, too, has He never made your adopted sons truly your sons. They are but figures of speech you utter with your mouths whereas Allah speaks the absolute truth. It is He alone who can show the right path. (As for your adopted children,) call them by their real fathers' names. This is most equitable in the sight of Allah. If you do not know who their fathers are, call them
your brethren in faith and your friends." This is a clear statement of prohibition. When Allah says that He has not made a particular relationship in a certain fashion, He means that He disapproves of that fashion. When Allah disapproves of something, He forbids it. Take the other example in this Qur'anic passage. Instead of divorcing their wives, some people try to punish them by making a marital relationship forbidden to them. One of them may say to his wife that
she is to him like the body of his mother, meaning that she is unlawful to him. This is clearly forbidden in Islam. In surah 58 entitled "Al-Mujadalah" or "The Pleading", we have the details of what compensation a person who makes such a statement should provide in order to be forgiven. This prohibition, however, is expressed in this verse in the same way as that of
adoption. Allah has not made the children we adopt truly our children. He further tells us to call them after their own real fathers' names. There can be no clearer statement of prohibition. This is not to say that a Muslim family may not raise an orphan child or that a woman may not bring up her sister's children or a man may not look after his brother's infants. Indeed, such an action
is highly rewarded by Allah. What is most important, however, is to keep the relationship clear and according to the fact. The children must be called after their own parents. We have also the Prophet's sunnah to confirm this prohibition. The Prophet had adopted Zaid ibn Haritha as his son before Islam. Zaid was known from that moment as "Zaid ibn Muhammad". However, when
this Qur'anic verse was revealed, Zaid was called after his own father, Haritha. The Prophet continued to love Zaid and his children, especially Ussamah, very dearly. The question of leaving one's property by will to one's adopted child is truly a separate matter. Islam establishes
a system of inheritance which is very detailed and fair to all. This system is an essential part of the overall Islamic economic system which ensures the division of property generation after generation. It takes into account the fact that according to Islam, a person is "put in charge" of
his property which belongs to Allah. Therefore, it is Allah who decides how property is divided after death. Every one has heirs according to the Islamic system of inheritance. Depending on his own civil status, when a person dies, we have to determine who of his nearest relatives
have survived him. We then can determine his heirs. There are several classes of heirs, or that it is more appropriate to say that there are two or three lines of inheritance. The first class is the direct line of inheritance which extends from parents and grandparents to children and grandchildren. Similarly, spouses left behind are of the same class of heirs. Each of these is given a share apportioned to him or her by Allah. No one can deny any heir his or her share. When some of these groups in the direct line of inheritance do not exist, as in the case of a
person who dies without having any children, then the deceased's brothers and sisters may
have shares of inheritance. Another aspect of this Islamic system is the fact that one cannot either overrule or abuse or add to the system in any way. Thus, no one may disinherit any of his heirs under any circumstances. It is Allah alone who may disinherit them. Take for example the
case of a Muslim father whose children are not Muslims. They are disinherited because the rule given to us by the Prophet states: "The followers of two separate religions may not inherit one another." This means that the reverse situation holds true. If the son is a Muslim and the father is a non-Muslim then the father cannot inherit his son. But it is not possible for a Muslim father to say to his disobedient Muslim son that he will disinherit him and make a will to this effect. Such a will is of no effect whatsoever. Islam allows a Muslim to make a will to a particular person or persons, or for a particular purpose, in an amount which does not exceed one third of his property. This is made in order to allow a Muslim to provide for those of his relatives who are
not his heirs and who may be in need of support, or to leave something for a charitable purpose, or to look after individuals who need to be looked after. Whatever the situation, a maximum of
one third of his property may be bequeathed in this way. However, no one of the heirs may be given anything by will. In other words, the share of any heir cannot be increased by will under any circumstances. When you take all these rules together, you will find that the Islamic system of inheritance is most fair. The example you have cited cannot be acceptable from the Islamic point of view. The adopted child is not a child in the real sense. The person who adopted her cannot leave her by will more than one third of his property. That is if he wants to give her the
maximum possible. The rest of his property goes to his heirs. Since he is childless, his direct line of inheritance may extend to his widow, his parents, or grandparents, if any. These have their apportioned shares which they must not exceed, such as one quarter of the property to his wife. The remainder goes to the nearest of his kinsfolk, namely his brothers and sisters who may share it out between them on the basis of one share for a sister and two shares for a brother.

Jaawan


Till next time*K_I_S_S*

Thanks both Hinna and Jawaan for your posts. They helped alot!

Achtung ;)

Jawan why not refer them to 'Our dialogue-R'.
They can read everything for themselves.

Sure, its better to have that thing here, so they dont have to do any work you know lol…anyways here is the site! http://islamicity.org/Dialogue/topics.htm

jaawan


Till next timeK_I_S_S

ADOPTION IS HARAM & FOSTERING OF THE NEEDY IS ENCOURAGED.

How could taking care of an orphan or needy child be wrong?

The only thing that is discouraged is "pretending" the child is your own, so that there are confusions about paternity (as someone mentioned earlier). Taking in orphans is certainly encouraged. All "adoption" means in the US is that you are taking legal and financial responsibility for a child. There is nothing wrong with adoption in Islam as long as the real paternity is left clear. Also, an orphan child living with a family also does not have the rights of inheritance.

Zara