Adoption in Islam
Definition and Overview
Adoption in the Islamic context refers to the practice of taking in a child and providing for their upbringing. However, distinguished from modern conceptions of adoption in many cultures, formal adoption (where an adopted child assumes the family name and legal status of a birth child) is formally forbidden by the Qur’an.
Etymology and Translations
- Arabic: تَبَنِّي (tabannī)
- Turkish: Evlat edinme
Qur’anic Foundations
The primary basis for the Islamic stance on adoption is found in the Qur’an, specifically in Surah Al-Ahzab (33:4-5):
<p>“Allah did not make for any man two hearts within him; nor has He made your wives whom you declare unlawful your mothers, nor has He made your adopted sons your sons; that is but a saying of your mouths. But Allah says the truth, and He guides to the 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.”</p>
The edict emphasizes the importance of maintaining a child’s lineage and ensuring they know their origins.
Legal and Ethical Considerations
In accordance with these verses, formal adoption procedures that involve changing an adopted child’s surname and indicating them as biological offspring are not permissible. An adopted child does not have the same inheritance rights as a biological child under Islamic law. This prohibition ensures that lineage and heritage are preserved and recognized.
Informal Adoption: Kafala
Although formal adoption is prohibited, informal adoption, known as Kafala (Arabic: كفالة), is permitted and encouraged. Kafala is a form of guardianship wherein a child can be cared for, raised, and loved by a family without altering their lineage or inheritance rights.
- Embracing the Child: Muslims can take an orphan or a child in need into their homes, providing them with love, support, and material needs while respecting the child’s original family and heritage.
Takeaway: While Islamic law does not allow for formal adoption that erases the child’s original identity and lineage, the principle of Kafala encourages Muslims to care for orphans and children in need.
Further Reading
To deepen understanding of Islamic perspectives on adoption, the following books are suggested:
- “Islamic Law and Adoptions” by Majid Khadduri
- “Adoption in the Islamic Culture” by Sabine Schmidtke
- “Fostering and Adoption in Muslim Communities” by Yasir Suleiman
Conclusion
Islam acknowledges the necessity for children to be cared for and nurtured. The balance struck between prohibiting formal adoption and endorsing Kafala highlights the importance of preserving a child’s identity and lineage while ensuring their well-being and care. This approach reflects larger ethical considerations within Islamic law concerning family, heritage, and social responsibility.
