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Adoption in Islam PDF Print E-mail
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Friday, 10 August 2007

The Prohibition of adoption.

To 'Adopt' means taking 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 ibn 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 any man two hearts in his (one) body, nor has He made your wives whom ye divorce by Zihar your mothers: nor has He made your adopted sons your sons. Such is (only) your (manner of) speech by your mouths. But God tells (you) the Truth, and He shows 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 ibn Harithah [his biological father] and married Zaynab [ra].

Confusion in what to name adopted children-

What do we name our adopted children 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: that is juster in the sight of God. But if ye know not their father’s (names, call them) your Brothers in faith, or your maulas. But there is no blame on you if ye make a mistake therein: (what counts is) the intention of your hearts: and God is Oft-Returning, Most Merciful.' [ahzab 33: 5]

What precautions must we take?

Since adopted 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 ourselves [when the boys come of age]must observe hijab in front of them or if the adopted 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 arouses 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're allowed to 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 bukhari Volume 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.

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," putting his index and middle fingers together.' [Bukhari Volume 8, Book 73, Number 34]

 

rukaiah (Mar 31, 2001)


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