Concept of Adoption in Islam – Brief Explanation

Review by : Yuli SE., MM

Sometimes, Allah Subahanhu Wa Ta’ala gives tests to a couple marriage through descendant. It is caused the wife cannot get pregnant or she suffers a miscarriage. So, her womb should be caught up and she cannot get pregnant again. One way to solve that problem, some couples choose to adopt children.

Adoption in Fiqh is called “tabanni”, it is definited that an action of someone makes other’s child as their children. (M. Rawwas Qal’ah Jie, Mu’jam Lughah Al Fuqoha, page 90, Al Mausu’ah Al Fiqhiyyah, 10/120)

Adoption has been known since the period of Jahiliyyah, before there is no tract of the Prophet Muhammad Shallallahu ‘alaihi wa sallam. Commonly, adoption children are as same as biological children in all of matters. The Prophet Muhammad saw has adopted Zaid bin Haritsah bin Syarahil Al-Kalbi before he became a Rasul, so the child was called Zaid bin Muhammad.

Allah Subhanahu Wa Ta’ala said,

وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ ۚ ذَٰلِكُمْ قَوْلُكُمْ بِأَفْوَاهِكُمْ ۖ وَاللَّهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي السَّبِيلَ ادْعُوهُمْ لِآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللَّهِ ۚ فَإِنْ لَمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ ۚ وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ وَلَٰكِنْ مَا تَعَمَّدَتْ قُلُوبُكُمْ ۚ وَكَانَ اللَّهُ غَفُورًا رَحِيمًا

“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 [rightw] 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.” (Q.S. Al-Ahzab : 4 – 5)

The Prophet Muhammad has also said,

مَنْ اِدَّعَى إِلَى غَيْرِ أَبِيْهِ، أَوْ اِنْتَمَى إِلَى غَيْرِ مَوَ الِيْهِ فَعَلَيْهِ لَعْنَةُ اللَّهِ الْمُتَتَابَعَةُ

“Whoever not called to his father or not affiliated to his guardian, then for him the sustainable anger of Allah SWT.” (Narrated by Abu Dawud)

The cancellation of adoption in Islam is not meant that we lose the meaning of humanity or the right of human as brotherhood, love, society and all things that relate with every good matter, such as

Someone may call ‘O my children” to the younger as the expression of calm and love to them. So they feel comfortable with him and listen his advice. Or we can call the older people with “O my father” in honor of them. So that, they can be a helper if we get difficultness and need their advices. Indeed, cultural manners will never lose in our country.
Shari’a has advised to help others in charity and taqwa. Islam also invites all people to do good deeds and sow love in this world. As the word of Allah Subahanhu Wa Ta’ala, “And cooperate in righteousness and piety, but do not cooperate in sin and aggression.” (Q.S. Al-Maidah : 2)

For your information, there are some things that must be known from concept of adoption in Islam, they are :

The nasab of adopted child still adheres to his parents

In the era of Jahiliyyah, the nasab of adopted child was changed by the foster parents and he was given rights without exception. Indeed, this is wrong. The nasab of adopted child adheres in his lineage. In the Hereafter, will that child be called with his father’s name, not foster father’s name? So that, just no adopt child by losing the nasab of his parents and change their name with your name in his birth certificate.

The adopted child do not have rights to get inheritance

In this matter, the law of inheritance in Islam does not enter adopted children as heirs. In the era of Jahiliyyah, adopted children got inheritance, even they hindered the real heirs and it caused a serious conflict.

So that, Islam comes to get this straight. If the foster parents died, the inheritance can be given by hibah or before they died, they leave a message to give a part of their inheritance to their adopted child. But, the amount of his part shloud be not more than third from the amount of inheritance. [AdSense-B]

There is a limit of mahram in the adopted children

Although adopted children have cared since they were babies, they are not mahram. Then, there is still a limit of mahram for other family’s member. But, many parents do not realize about that. They consider that child like their real child. They often open awra or touch each other although the child has been a teenager. Indeed, that is forbidden by Islam.

The right of guardianship in marriage

When a adopted child are ready to get married, the right of guardianship still in her real father or her grandfather or her brother. The foster parents do not have right about her guardianship. Although her real parents and her siblings are not known, then wali hakim will be her guardianship.

The ex-wife of adopted child is halal to be married

This is showed that adopted child is different whit real child, where ex-wife of real child is haram to be married. As the word of Allah Subahanhu Wa Ta’ala below,

“And [remember, O Muhammad], when you said to the one on whom Allah bestowed favor and you bestowed favor, “Keep your wife and fear Allah,” while you concealed within yourself that which Allah is to disclose. And you feared the people, while Allah has more right that you fear Him. So when Zayd had no longer any need for her, We married her to you in order that there not be upon the believers any discomfort concerning the wives of their adopted sons when they no longer have need of them. And ever is the command of Allah accomplished.” (Q.S. Al-Ahzab : 37)

[AdSense-C]

Educate and take care them

If there is someone who adopt orphans or others to glorify, educate and take care them well. It becomes a reward for the foster parents. But, if they have other goals upon that adopted children such as hope their assurance, control orphan’s inheritance and others, then that is a big sin.

A great reward for the foster parents

The foster parents have a noble attitude, so they will get a high rewards in Islam and a great praise. Rasulullah Shallallahu ‘Alaihi Wa sallam gave a beautiful depiction for those who adopt orphans :

“I will be those who adopt orphans like this, while he was showing his forefinger and his middle finger, then he stretched both of them.” (Narrated by Bukhari, Abu Dawud and Tirmidzi)

From the explanation above, we can conclude that there is no sin for those who want to adopt poor kids, orphans or others, even rewards rush for them. Thus the article about concept of adoption in Islam. Hopefully, this article can be your consideration to help kids by adopting them.