It was said by the Prophet
Muhammad (PBUH) that a person who takes care of an orphan will be in paradise
with him and they will be as close as two fingers of one hand. The prophet
Muhammad (PBUH) laid special focus on the on the care of the children. He also
adopted a slave and gave him the same care and affection as if he were his own
son.
In Quran it is mentioned:
“Did He not find you an orphan
and give you shelter? 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 drive away a
petitioner (unheard). But the bounty of
the Lord – rehearse and proclaim!” (Qur’an 93:6-11)
Allah through Quran has provided
Muslims with specific rules and guidelines for adoption. Quran clearly states
the rules involving the legal Islamic relationship between the adopted child
and his or her adoptive parents/ family. Islam discourages to hide anything
about the child’s biological family and their ties to the child are never
severed. It is reminded by the holy
Quran that adoptive parents are not the biological parents of the adopted
child:
وما جعل أدعیاءکم أبناءکم
ذ لکم قولکم بافواھکم
واللہ یقو ل الحق وھو یھدی السبیل
ادعوھم لا باءھم ھو أقسط عنداللہ
“And Allah did not make your adopted children
your sons. That is only your words coming out from your tongues. And Allah says
the truth and He guides you to the right path. Call them with reference to
their (real) fathers. It is more just in the sight of Allah.”(Surah 33:V4)
Rules of Adoption:
Under the Islamic laws, the
adoptive parents/ child relationship is pretty much dissimilar to what is being
commonly practiced today. The Islamic term for adoption is Kafala, which is
driven from a word which means “to feed”.
In short, the concept of adoption in Islam appears to be more of a
foster-parent relationship. Stated under
are some of the rules of adoption in Islam:
The adopted child cannot change
his or her surname to match that of the adopted family. He or she is supposed
to have his or her own biological family surname attached to his/her first
name.
As per Islamic laws the adopted
child inherits from his or her biological parents, and not (by default) from
the adoptive parents.
When the child reaches the age of
puberty, the members of the adopted family become non Mehram to him or her
(they are not considered as blood relatives). Mehram refers to a specific
Islamic legal relationship that standardizes marriage and other related aspects
of life. Basically, by Islamic laws it
is allowed to the members of the adoptive family to marry the adopted person.
Hence, the rules of modesty and Hijab are a must to follow between the adopted
child (adult) and adoptive family members belonging to the opposite sex.
It is not permissible for the
adopted family to intermingle their property and wealth with what the adopted
child has inherited from his or her biological parents. Islam commands the
adoptive families to take care of the adopted child’s property and/or wealth and
to serve as trustees only.
However, by Islamic laws an
adopted child cannot inherit by his or her adoptive father, but it is
permitted, in-fact suggested, to him that in his lifetime, he, creates a will
in favor of his adopted son. The adoptive parents are allowed to bequeath up to
one third of their property and wealth to their adopted child who otherwise
cannot share their inheritance.
Shariah allows Muslims to adopt a
child to satisfy their emotional and psychological needs. They are allowed to
treat the adopted child as their own child with regards to love, affection,
care and behavior in general. However, they should always keep in mind that
they are not related to them by blood, hence, they are bound to follow the
Islamic rules of adoption. It is indeed a virtuous deed to adopt a child and
provide him or her with shelter. Such an act of kindness can help Muslims earn
numerous rewards in this life and hereafter. As far as the legal aspects of
adoption are concerned in Islam, adoption has no negative consequence. The
Islamic way and rules of adoption do not create any new legal relationship
which never existed before.
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