Adoption in Islamic Law – Point of View
A marriage will be complete if the couples are blessed for the offspring. Unfortunately, sometimes expecting the own children is likely impossible though the marriages that have been running for several. The right solution if you want to have children is by adoption. Adoption not only because it has not got offspring but also could be willing to help a poor family and having many children. In Islam even it is highly recommended to help orphans by adopting them. Here are some points of adoption in Islamic law.
Adoption is allowed in Islam
The Prophet Mohammed (PBUH) recommended for caring the orphaned children since it will bring us close beside him in Paradise, and he described the closeness with the two adjacent finger in one hand. The Prophet himself was an orphan in his childhood so that he paid special attention to the children who are no parents. He adopted a former slave and raised with the same care as he would do for his born children.
- Adoption Child Retains the Biological Family’s Name
The rule for caring an orphan is slightly different from the adoption law in the western countries. As quoted in Quran 33:4-5, it is not allowed to uncover the identity of the adopted person of his/ her biological family.
“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. 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” (see also: How to live a Happy Married Life )
- The Adoptive Children is Not Muhrim to the Adoptive Family
When the child is grown into the adulthood (baligh), the members of the adoptive family are not consider to be blood relative and it is possible for the opposite sex family members getting married with the adoptive children. Is is called Muhrim because refers to a specific legal relationship that regulates marriage. (See also: Succession in Islam)
- The Adoptive Children will Mahram to The Adoptive Parents who Breastfeed Them
If the child is breastfed directly by the adoptive mother until two years old for at aleast a day and a night, then the child will become mahram to the new family. So that, if the adoptive child is female, then it won’t be necessary wearing hijab is she reach the adulthood (baligh). It will take effect for the contrary.
It is common in the ancient of Arabia to send the baby to a foster mother where it was considered a healthier environment. Just as Prophet Mohammed was cared by his mother and a foster mother Halima. A woman who subtiantially nurses a child more than five times before two years old becomes a “milk mother” to the child which considered a special rights relationship under Islamic laws. Thus the child is as a mahram to the woman and being the full sibling for the foster mother’s children.
- The Adoptive Parent is as Trustees for Adoptive Children’s properties
When the biological family of the children give the properties to the child, the adoptive parents are commanded not intermingle the property or even being taken by them. They serve as trustee for the properties. Moreover, if the adoptive parents has the properties / wealth, the adoptive children do not allowed to take it because the biological spring has the right of properties. The adoptive children do not allowed heired the wealth except it is less than 1/3 from what the parents given to. According to Quran 8: 75 (Al- Anfal):
“And those who believed after the initial emigration) and emigrated and fought with you – they are of you. But those blood relationship are more entitled to inheritance in the decree of Allah. Indeed, Allah is knowing of all things”
There is a warn about the adoptive children’s properties that should be protected in the Quran 4:10 (An Nisa):
“Indeed, those who devour the property of orphans unjustly are only consuming into their bellies fire. And they will be burned in a blaze”
- The adoptive family do not replace the children’s family name
Once in the Arabic land before Islamic revelation, the orphanage was handle by the adoptive parents and the adoptive child granted the right without exception. This was clearly a mistake. Nasab son (the blood line) remains attached to his biological parents. It was the story of Prophet Mohmmed (PBUH) when he had a slave namely Zayd bin Harith and took a good care for him until the relationship changed from a master and a slave into the father and son.
Then after adopting Zayd, it is known as Zayd as Zayd bin Mohammed. After being a married man then got divorced, the Quran about naming adopted children had revealed in 33:5 (Al-Ahzab)
“Call them by (the names) if their fathers”
Then after the revelation, Zayd is not to be Zayd bin Mohammed but Zayd bin Harith again as he gain the name from the biological father. However, the different name does not affect the relationship of Father and Son between them (Mohammed and Zayd). It is not strongly recommended which the adoption of children removing nasab (blood line) parents by changing the name of biological parent with the family name of adopter in the birth certificate.
“There is no man who knowingly calls himself after someone other than his father but he has commited kufr. Whoever claims to belong to people to whom he has no ties of blood, let him take his place in Hell. (Bukhari, 3317).
- The Father of the Bride Remains on His Biological Father When An Adoptive Daughter Getting Married
When an adoptive daughter is ready to marry, her father of the bride remains on his biological father or grandfather or brother. The adoptive parents have no guardianship rights. If any case that their parents and relatives are unaware, then the guardian of the judge will be his guardian.
- Adopting children means educating and nurturing
If someone adopts an orphaned or abandoned child which is poor in order to glorify them by educating and maintaining good, it is a big reward for the adopters. In the contrary, if there are other purposes for adopting that benefit themselves, such as for insurance matters, take possession of orphans or even intentions other bad, then it is a great sin.
Some cases of adopted children are not properly cared for. It is such as distinguished status between adopted and biological children. That type of adoptive parents will surely going to the hell for hurting and wasting the orphans or adopted children.
- It is The Sponsoring the Orphans instead of Adopting Them
Because the terms of adopting means that a man takes an orphan and makes them no difference between his own children, carrying the man’s name as the father, and then disconnected the blood line with their biological family. It is recommended to preserve people’s lineage.
When the adoption is not allowed in Islamic law, then the alternation to preserve the orphans is sponsoring an orphan. It means that a man brings them living to his house as well other place somewhere other than his house, without giving them a name as the father. It just a slighty difference between adoption and Sponsorship for in Islam it is recommended when you protect and give to the orphan. As quoted in Quran 2:220 (Al Baqarah):
“To this world and the Hereafter. And they ask you about orphans. Say, “Improvement for them is best. And if you mix your affairs with theirs – they are your brothers. And Allah knows the corrupter from the amender. And if Allah had willed, He could have put you in difficulty. Indeed, Allah is Exalted in Might and Wise”
With all of those points, adoption in Islamic law is allowed as long as the adoptive children still use the father name as his/ her name. It is because that In Islam it is still familiar to the blood relation so that it can be identified the offspring from which an adopted child. So that it is avoid of accidental incest (siblings or between father and daughter or mother and son).