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Asja
Pearl of Islaam
Asslamu Allaicum wa rahamtullah wa braaktuhu
Adopting a Child in Islam
Islamic legal rulings about foster parenting and adoption
The Prophet Muhammad (peace be upon him) once said that a person who cares for an orphaned child will be in Paradise with him, and motioned to show that they would be as close as two fingers of a single hand. An orphan himself, Muhammad paid special attention to the care of children. He himself adopted a former slave and raised him with the same care as if he were his own son.
However, the Qur'an gives specific rules about the legal relationship between a child and his/her adoptive family. The child's biological family is never hidden; their ties to the child are never severed. The Qur'an specifically reminds adoptive parents that they are not the child's biological parents:
"...Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers; that is juster in the sight of Allah. But if you know not their father's (names, call them) your brothers in faith, or your trustees. But there is no blame on you if you make a mistake therein. (What counts is) the intention of your hearts. And Allah is Oft-Returning, Most Merciful."
(Qur'an 33:4-5)
The guardian/child relationship has specific rules under Islamic law, which render the relationship a bit different than what is common adoption practice today. The Islamic term for what is commonly called adoption is kafala, which comes from a word that means "to feed." In essence, it describes more of a foster-parent relationship. Some of the rules in Islam surrounding this relationship:
An adopted child retains his or her own biological family name (surname) and does not change his or her name to match that of the adoptive family.
An adopted child inherits from his or her biological parents, not automatically from the adoptive parents.
When the child is grown, members of the adoptive family are not considered blood relatives, and are therefore not muhrim to him or her. "Muhrim" refers to a specific legal relationship that regulates marriage and other aspects of life. Essentially, members of the adoptive family would be permissible as possible marriage partners, and rules of modesty exist between the grown child and adoptive family members of the opposite sex.
If the child is provided with property/wealth from the biological family, adoptive parents are commanded to take care and not intermingle that property/wealth with their own. They serve merely as trustees.
These Islamic rules emphasize to the adoptive family that they are not taking the place of the biological family -- they are trustees and caretakers of someone else's child. Their role is very clearly defined, but nevertheless very valued and important.
It is also important to note that in Islam, the extended family network is vast and very strong. It is rare for a child to be completely orphaned, without a single family member to care for him or her. Islam places a great emphasis on the ties of kinship -- a completely abandoned child is practically unheard of. Islamic law would place an emphasis on locating a relative to care for the child, before allowing someone outside of the family, much less the community or country, to adopt and remove the child from his or her familial, cultural, and religious roots. This is especially important during times of war, famine, or economic crisis -- when families may be temporarily uprooted or divided.
"Did He not find you an orphan and give you shelter? And He found you wandering, and He gave you guidance. And He found you in need, and made you independent. Therefore, treat not the orphan with harshness, nor drive away a petitioner (unheard). But the bounty of the Lord - rehearse and proclaim!"
(Qur'an 93:6-11)
About.com:Islam
Adopting a Child in Islam
Islamic legal rulings about foster parenting and adoption
The Prophet Muhammad (peace be upon him) once said that a person who cares for an orphaned child will be in Paradise with him, and motioned to show that they would be as close as two fingers of a single hand. An orphan himself, Muhammad paid special attention to the care of children. He himself adopted a former slave and raised him with the same care as if he were his own son.
However, the Qur'an gives specific rules about the legal relationship between a child and his/her adoptive family. The child's biological family is never hidden; their ties to the child are never severed. The Qur'an specifically reminds adoptive parents that they are not the child's biological parents:
"...Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers; that is juster in the sight of Allah. But if you know not their father's (names, call them) your brothers in faith, or your trustees. But there is no blame on you if you make a mistake therein. (What counts is) the intention of your hearts. And Allah is Oft-Returning, Most Merciful."
(Qur'an 33:4-5)
The guardian/child relationship has specific rules under Islamic law, which render the relationship a bit different than what is common adoption practice today. The Islamic term for what is commonly called adoption is kafala, which comes from a word that means "to feed." In essence, it describes more of a foster-parent relationship. Some of the rules in Islam surrounding this relationship:
An adopted child retains his or her own biological family name (surname) and does not change his or her name to match that of the adoptive family.
An adopted child inherits from his or her biological parents, not automatically from the adoptive parents.
When the child is grown, members of the adoptive family are not considered blood relatives, and are therefore not muhrim to him or her. "Muhrim" refers to a specific legal relationship that regulates marriage and other aspects of life. Essentially, members of the adoptive family would be permissible as possible marriage partners, and rules of modesty exist between the grown child and adoptive family members of the opposite sex.
If the child is provided with property/wealth from the biological family, adoptive parents are commanded to take care and not intermingle that property/wealth with their own. They serve merely as trustees.
These Islamic rules emphasize to the adoptive family that they are not taking the place of the biological family -- they are trustees and caretakers of someone else's child. Their role is very clearly defined, but nevertheless very valued and important.
It is also important to note that in Islam, the extended family network is vast and very strong. It is rare for a child to be completely orphaned, without a single family member to care for him or her. Islam places a great emphasis on the ties of kinship -- a completely abandoned child is practically unheard of. Islamic law would place an emphasis on locating a relative to care for the child, before allowing someone outside of the family, much less the community or country, to adopt and remove the child from his or her familial, cultural, and religious roots. This is especially important during times of war, famine, or economic crisis -- when families may be temporarily uprooted or divided.
"Did He not find you an orphan and give you shelter? And He found you wandering, and He gave you guidance. And He found you in need, and made you independent. Therefore, treat not the orphan with harshness, nor drive away a petitioner (unheard). But the bounty of the Lord - rehearse and proclaim!"
(Qur'an 93:6-11)
About.com:Islam
daywalker
Junior Member
the religion of every children is Islam, their parents change it something else.
kayleigh
Junior Member
Yes, of course. If you adopt an older child, who is already of another religion then you can't force him/her to be Muslim but you can teach him/her and live as a good example. I recently met a revert who reverted because her foster parents were Muslims and were such good examples.
Ashima33
Junior Member
I have heard this topic discussed before and there were muslims saying adoption was discouraged in Islam. But this made absolutely NO sense to me. Some were explaining that if there were a male child adopted, then the adopted mother would have to wear hijab around the boy, or if a girl were adopted she would have to wear it around her adopted father... And... even so... to me, this does not mean adoption should be discouraged. Children spending their lives in an orphanage vs. they might see your hair???
Sometimes I just really don't understand people's reasoning.......
Sometimes I just really don't understand people's reasoning.......
ShahnazZ
Striving2BeAStranger
From what I've seen, these are people that aren't too educated on the concept of adoption in Islam. For example, once you read about what the ruling on adoption is you realize that the prohibition lies in giving the child your last name and thus modifying inheritance laws. But for people, who don't really do their research, they just hear "adoption is haram" and go with it, not realizing that by "adoption" one means giving the child your name unlike fostering and rearing the child in a safe and comfortable environment.
From what I know, if the foster mother breast feeds the fostered child, then it's like they become part of the family. Say a girl is fostered and is breast fed by her foster mother, then she won't have to wear hijab infront of her foster father, brothers, uncles etc because they become mahram for her. Same with the fostered boy, if he is breast fed by his foster mother then his foster mother and foster sisters wouldn't have to wear hijab infront of him because he becomes their mahram. I will try to get evidence to back this up inshaAllaah.
I think this was answered sufficiently in the earlier posts by brother ayman and sister Asja, jazaahum Allaahu khairan. Here are more resources to assist:
Sponsorship vs Adoption