It is prohibited for a person to legally adopt a son or adaughter of
whom he is not the biological father. If a person adopts a son or
daughter, the Sharee'ah will not confer on the adopted person the
status or rights of a biological son or daughter. According to the
Quran, one cannot become a person's real son merely by virtueof a
declaration; Allaah Says)what means(:"...And He ]i.e., Allaah[ has not
made your claimed ]i.e., adopted[ sons your]true[ sons. That is
]merely[ your saying by your mouths, but Allaah says the truth, and He
guides to the ]right[ way. Call them ]i.e., the adopted children[ by
]the names of[ their fathers; it is more just in the sight of
Allaah.But if you do not know their fathers, they are your brothers in
religion…"]Quran 33: 4-5[
This shows that the declaration of adoption does not change realities,
alter facts, or make a stranger a relative, or an adoptedchild a son
or daughter. A mere verbal expression or figure of speech cannot make
the blood ofa man run through the veins of the adopted child, produce
natural feelings of affection found in normal parent-child
relationships, or transfer the genetic characteristics, or physical,
mental, or psychologicaltraits.
Justice is Respect for Others
The central notion of justice in the Sharee'ah is based on mutual
respect of one human being for another. The just society in Islam
means the society that secures and maintains respect for people and
their rights through various social arrangements that are in the
common interest and welfareof the general public. Islam viewsadoption
as a falsification of the natural order of society and reality. The
prohibition of legal adoption in Islam was ordained to protect the
rights of the adopted, adopter, biological parents, other individuals
affected by the adoption, and society as a whole.
Lineage and Legitimacy
The child is an extension of his father and the bearer of his
characteristics. He takes his nameand increases his progeny. Likewise,
the child in Islam also has the equally inalienable right to
legitimacy. The principle of legitimacy holds that every child shall
have a father and one fatheronly. This is why Allaah has ordained
marriage and has forbidden adultery, so that paternity may be
established without doubt or ambiguity and that the child may be
referred to his father, and the father to his sons and daughters.
Hence, adoption cannot be used in Islamto hide the illegitimacy or the
paternity of the child.
Inheritance
By adopting someone's child as one's own, the rightful and deserving
heirs to the property ofa man are deprived of their shares. Hence,
Islam has made it Haraam )forbidden( for a father to deprive his
natural children of inheritance. Allaah has established the
distribution of inheritance in order to give each eligible person his
or her share. In matters of inheritance, the Quran does not recognise
any claim except those based on relationship through blood and
marriage. The Quran stipulates)what means(:"And those who believed
after ]the initial emigration[ and emigrated and fought with you –
they are of you. But those of ]blood[ relationship are more entitled
]toinheritance[ in the decree of Allaah. Indeed, Allaah is knowing of
all things."]Quran 8:75[
Marital Relations
Taking a stranger into the family as one of its members and allowing
him to be in privacy with women who are non-mahram )i.e., non
marriageable relatives( to him is a deception, for the adopter's wife
is not the adopted son's realmother, nor is his daughter the boy's
sister, nor is his sister the boy's aunt, since all of them are
non-mahram to him and vice-versa for an adopted daughter. The Quran
has, thus, declared that only the wives of one's real sons, and not
the wives of any sons under one's care, are permanently forbidden in
marriage. This is according to the verse )which means(:"…The wives of
your sons who are from your ]own[ loins…"]Quran 4:23[
Accordingly, it is permissible for aman to marry the divorced wife of
any son under his care, since, in actuality, she has been the wife of
a 'stranger' who was not related by blood. Also, when the adopted
child's lineal identity or paternity is changed, it is quite possible
that the adopted child may, unknowingly, enter into incestuous
relationships by marrying close relatives of his natural parents;
also, his marital chances may, in general, become subject to
confusion.
Solidarity
If the adopted child were to receive a claim on the inheritanceof the
adopter, the real relatives may become rightfully angry feeling that
the adopted child hasreceived something that is not rightfully his,
depriving them of their full inheritance. This could lead to quarrels,
fights and the breaking of relations among relatives. Therefore,
adoption is not conducive to family solidarity and overall harmony and
peace, which are necessary for social stability.
Allowable Forms of 'Adoption' in Islam
Orphans:
This is a completely different form of adoption, which is not
prohibited by Islam - that is, when a man brings home an orphan and
wants to raise, educate, and treat him as his own child. In this case,
he protects, feeds, clothes, teaches, and loves the child as his own
without attributing the child to himself, nor does he give him or her
the rights which the Sharee'ah )Islamic Law( reserves for his natural
children. This is a meritorious and noteworthy act in Islam, and the
man who does it will be rewarded by being admitted toParadise. Prophet
Muhammadonce said:"I and the one who raises an orphan, will be like
these two inParadise)and he pointed his middle and index fingers("
There are also numerous Quranic verses that support the act of taking
care of orphans and enough cannot be said about how pleased Allaah is
with this noble and charitable act, see:]Quran: 2:220; 4:2; 4:6; 4:10;
4:127; 17:34[
Foundlings:
A foundling or abandoned child isalso regarded as an orphan, and one
may apply the term 'wayfarer' to him as well. In this case too, as in
that of orphans, the child's lineal identity must be unchanged and
parenthood to the natural parents should not bedenied. When the
parents of suchchildren are unknown, the children must be made
brethren in faith; See ]Quran: 33:4-5[, as cited at the beginning of
this article.
If a man is childless and wishes to benefit such a child )orphan
orfoundling( from his wealth, he may give him whatever he wants during
his lifetime.
Modern Forms of Adoption: Artificial Insemination
Islam safeguards lineage by prohibiting adultery and legal adoption.
In the same way it forbids artificial insemination if the donor of the
semen is other than the husband. Thus, Islam keeps the family line
clearly and unambiguously defined without any foreign element entering
intoit. That is why Muslim scholars unanimously consider artificial
insemination a despicable crime and a major great sin, to be
classified in the same category asadultery.
It is a more serious crime and detestable offence than adoption, for
the child born of such insemination incorporates in itself the result
of adoption - the introduction of an alien element into the lineage in
conjunction with the offence of adultery, which is abhorrent bothto
the divinely revealed laws and to upright human nature. By this action
the human being is degraded to the level of an animal, which has no
consciousness of the noble bondsof morality and lineage which exist
among the members of a human society.
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