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Is Adoption Allowed in Islam? Understanding the Ruling


Islam is very rightly referred to as “Deen-e-Fitrat” (دينِ فطرت), which translates to “the religion of Nature” or “the religion of innate human nature”. The reason behind calling it Deen-e-Fitrat is that its teachings, practices, and beliefs are in perfect harmony with human nature. Islam guides its believers about every aspect of life. In short, Islam provides a complete code of living a righteous lifestrictly in accordance with the Islamic beliefs and teachings. What can be done and what cannot be done, what is permissible and what is prohibited; Islam teaches everything that an individual may come across in their lives.

Having children is a natural desire of every human, but unfortunately, a good number of people don’t have them for one reason or another. One of the common solutions to this important issue is adoption. Adoption, in its true sense, is widely considered a noble act across modern societies. It is a compassionate act that dispenses care, protection, and love for children who have somehow lost their parents or whose parents are unable to support them. Islam, as a practical religion, also encourages the concept of adoption, to give protection and care for orphans and vulnerable children. As with other social issues, the concept of adoption is clearly defined in Islamic teachings, as derived from the Quran and the Sunnah of the Prophet Muhammad صَلَّى ٱللَّٰهُ عَلَيْهِۦ وَسَلَّمَ.

In this blog, we will explore the Islamic Rulings on adoption, whether it is allowed in Islam, and its limitations.

Understanding the Islamic Viewpoint on Adoption

The concept of adoption in Islam is mainly focused on the protection, care, and well-being of orphans. At the same time, Islam also emphasizes maintaining the preservation of the identity of the orphaned children by not disrupting their parental lineage. It also demands justice while adopting an orphaned child. In this context, Islam emphasizes a system of caring for orphans, which is called “kafala” or sponsorshipin Islamic terminology. It is an Islamic way of raising and caring for a child with love, without changing their biological identity. Unlike the common way of adopting a child in other societies, Islam does not allow complete transformation of a child’s identity.

Caring for and protecting orphans is a highly emphasized and noble act in Islamic teachings. It is repeatedly mentioned in the Quran to deal with orphaned children with kindness and justice and provide them full protection. The 220th verse of Surah Al-Baqarah describes the importance of caring for orphans.

Translation of relevant part

And they ask you about the orphans. Tell them: “Improving their lot is much better; and if you take interest in their affairs, they are your brethren; and God is aware who are corrupt and who are honest.

The need to care for orphans is specifically described in Surah Ad-Duha, especially in its 9th verse.

Translation

So do not oppress the orphan

This subject is also elaborately discussed in Hadiths, such as Hadith 6005 of Sahih Al-Bukhari.

Translation

The Prophet (ﷺ) 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.

So, the teachings of the Quran on the subject of orphanage and how to treat them are quite clear and elaborately discussed, highlighting the importance of protecting and nurturing them, with compassion and justice. The concept of adoption in Islam is primarily based on the concept of Kafala for the orphans.

Adoption in Islam – General Ruling

The simple answer to the very important question, “Is adoption allowed in Islam?”, is “Yes, but with certain conditions“. The Islamic concept of adoption is different from the traditional way of adopting any child, in other religions and societies. While Islam allows adoption, it gives preference to those children who have lost their parents, and that too with a clearly defined restriction, i.e., not to alter their biological parental lineage.

The 4th verse of Surah Al-Ahzab gives the basic guidelines on this sensitive issue, clarifying that adopting a child does not make him your biological child.

Translation of relevant part

……..nor has He made your adopted sons your real sons. This is only what your lips pronounce.

Then, in the 5th verse of this Surahthe concept is further clarified that the lineage of the adopted children must be kept intact and not allowed to be changed.

Translation

Call them by the names of their fathers. This is the right course in the sight of God. If you do not know their fathers, they are then your brothers in religion and your friends.

Hadith 3508 of Sahih Al-Bukhari clarifies the concept of preservation of the biological lineage of adopted children in the following way:

Translation

If somebody claims to be the son of any other than his real father knowingly, he but disbelieves in Allah, and if somebody claims to belong to some folk to whom he does not belong, let such a person take his place in the (Hell) Fire.

According to these verses, and in light of the scholarly rulings, the Islamic way of adoption can be summarized as follows:

  • Adoption is allowed in Islam, but with certain conditions.
  • Adoption of orphans is a highly recommended and emphasized act in Islam.
  • While adopting a child, it is critically essential to preserve his/her lineage.
  • The adopted child must not be considered the biological child of the adopting child.
  • The adopted child will be considered “Non-Mehram” for the female members of the adopting family. So, when the adopted child reaches puberty, the privacy law will come into force between him and the female members of the adopting family.
  • If the adopted child is less than two years old and is breastfed by the adopting mother at least five times, he will become her “foster child” (riza’i). In this specific case, they become mahram to the new family, and privacy is not necessary towards the female members of the adopting family.
  • The adopted child will not be given the surname of the adopting parent.
  • The adopted child will not be considered a legal heir of the adopting parent, for all legal purposes, including the inheritance of assets.
  • The adopting parents can gift up to 1/3rd of their assets/wealth to the adopted children as a gift, not as a right to inherit. It means the adopted children cannot claim a share of the assets of the adopting parent. However, adopting parents can gift them a part of their wealth (not exceeding one-third of their total estate.

The conditions applicable to adoption are primarily intended to protect the rights of adopted children, especially to preserve their family lineage and original parentage. For the adopted child, it ensures that he is aware of his true parentage, which is highly important, particularly for the implementation of inheritance laws and for eligibility to take someone as his spouse. On the other hand, it also aims to maintain clarity regarding privacy and inheritance for the entire adopting family.

FAQs

Is adoption prohibited in Islam?

No, it is not prohibited, and caring for orphans is encouraged. However, it is important to preserve their lineage and identity.

Can adopted children take the family surname of the adopting parents?

No, it is not allowed in Islam. The adopted children must retain the surname of their biological father, as clearly narrated in the Quran.

Does the adopted child inherit the property of the adopting parents?

No, the adopted child is not considered a legal heir, hence does not inherit from his adopting parents. However, the adopting parents are allowed to gift them up to 1/3rd of their wealth to their adopted child.

What is the status of an adopted child for the purpose of being Mehram for the females of the adopting family?

The adopted child will stay non-mehram for the females of the adopting family. But if the adopting mother breastfeeds them, when they are under the age of two years, she becomes a foster mother, hence the child becomes mahram also for other female members of the family.

Can Muslims legally adopt children in the modern social system?

Yes, but they must ensure that the relevant Islamic rules are strictly followed, especially relating to the preservation of the family lineage of the adopted children.

Conclusion

Adoption of a child is a normal practice in almost every part of the world and in all civilizations. Islam also allows it, but with a clear concept of protecting and raising orphans, though not restricted to only orphans. However, adoption in Islam is subject to adhering to the basic principle of maintaining and preserving the family lineage of the adopted children. It means the adopted children are not to be treated as the biological children of the adopting parents. Adopted children are not allowed to take the adopting parents’ family name, and they are not included in the list of legal heirs, especially for the purpose of sharing the inheritance.

The guiding principle behind the Islamic ruling on adoption is to ensure the protection of the rights of orphans and caring for them with love, while not altering their family lineage.

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