Adoption in Islam (Tabannī - تبنى)
Adoption is a widely discussed topic within various legal and cultural systems around the world. In Islam, the concept of adoption is known as Tabannī (تبنى), entailing a set of rules and regulations that differ significantly from those in Western and other legal traditions.
Etymology and Translation
- Arabic: تبنى (Tabannī)
- Turkish: Evlat edinme
Definition
In Islamic jurisprudence, adoption refers to the act of taking in a child of known descent and nurturing them as one’s own offspring. However, it is pivotal to note that traditional Islamic law does not recognize adopted children in the same manner as biological children when it comes to inheritance and legal lineage.
Legal Constructs
In Islamic law (Sharia), an adopted son or daughter is not entitled to inherit from their adoptive parents or their relatives by default. This system ensures the preservation of lineage purity, which is a fundamental principle in Islamic teachings.
However, adopted children can still benefit through:
- Gifts (Hibah): Adoptive parents can provide for the adopted child through valid deeds of gift.
- Wills (Wasiyyah): Up to one-third of the estate can be voluntarily allocated to an adopted child through a will.
This practice shares a resemblance to provisions in English Common Law and Hindu legal perspectives, as noted in the Tagore Law Lectures of 1873.
Comparison with Other Legal Systems
- English Law: Allows adopted children to inherit equally as biological children.
- Hindu Law: Provisioned for adoption but in different historical contexts, also recognizes the custom of transferring heritage and roots.
- Roman Law: Similar in providing formal structures for adoption, ensuring continuity of family names and inheritance.
Qur’anic Context and Prophetic Traditions
The understanding that the adoption system should not sever biological ties is derived from various Qur’anic verses and Hadiths. One critical verse illustrating this concept is:
“Nor has He made your adopted sons your (real) sons. Such is (only) a saying of your mouths. But Allah says the truth and He guides to the (Right) Way.”
(Qur’an 33:4-5)
Key Takeaways
- Adoption (Tabannī) in Islam is distinct from mainstream Western practices.
- Adopted children do not automatically inherit but can receive benefits through gifts and wills.
- The principle emphasizes the preservation of biological lineage.
Conclusion
Adoption holds a distinctive place in Islamic law that emphasizes the integrity of biological lineage while providing alternative measures to support and nurture adopted children. Understanding Tabannī within Islamic jurisprudence illustrates the delicate balance between compassion and legal structuring present in Islamic thought.
Suggested Books for Further Studies
- “Fiqh al-Sunnah” by Sayyid Sabiq - Covers a range of fiqh topics including adoption.
- “An Introduction to Islamic Law” by Joseph Schacht - Provides foundational understanding of Sharia, including family law.
- “Islamic Family Law” by Chibli Mallat - Detailed exploration of family law in Islamic contexts.
Understanding the cultural, ethical, and legal dimensions of adoption within Islam deepens our appreciation for the complexities and mercies embedded in Islamic teachings.
By understanding both the legal restrictions and ethical ramifications, one can navigate the nuances of adoption in Islamic law and appreciate the cultural and historical context that informs these regulations.
