Adoption/Fostering

 

Re: Adoption/Fostering

All praise is to Allah All-Mighty and His peace and blessings be upon His Messenger Muhammad.

Adoption used to be a known practice in pre-Islamic ear. An adopted child was given the name of adopted person as a father and the right to inherit him. The child used to enjoy all other rights which a real son could enjoy. In line with this practice, the Prophet SAW adopted Zaid, the son of Haritha who was known as Zaid Son of Muhammed after adoption till it was prohibited by the following Ayah of Surah Al-Ahzab:

“Allah has not put for any man two hearts inside his body. Neither has He made your wives whom you declare to be like your mothers' backs, your real mothers, nor has He made your adopted sons your real sons. That is but your saying with your mouths. But Allah says the truth, and He guides to the (Right) Way.”

“Call them (adopted sons) by (the names of) their fathers, that is more just with Allah. But if you know not their father's (names, call them) your brothers in faith and Mawalikum (your freed slaves). And there is no sin on you if you make a mistake therein, except in regard to what your hearts deliberately intend. And Allah is Ever Oft Forgiving, Most Merciful.”

After this revelation, adoption was prohibited completely and the Prophet (SAW) was allowed to marry Zainab bint Jahsh, the divorced wife of Zaid because she was not treated as the daughter-in-law of the Prophet (SAW). The verse of Surah Nisa confirms this ruling about those women who are forbidden upon a man to marry. Among them is: “And the wives of your sons who are of your own loins”.

The ruling was so important that Allah had to mention Zaid by name in suspect to the validity of his divorced wife’s marriage to the Prophet (saw) because he was not the real son of the Prophet (SAW).

But as to fostering a child without giving him/her the adopter’s name is a well-rewarded and one of the most pious acts in Islam; especially in the west where a Muslim child is in a care home and awaiting someone to take care of him. Who would be the best person to take care of him other than a Muslim?

In such  a situation, where a Muslim child is available for fostering or adoption but the child is not allowed to be given to the fostering person unless he is adopted officially, the fostering person is allowed, in the best interest of the child’s upbringing as a Muslim to register him as his Son in official documents only. But in general the child should be made aware of his real fatherhood. If there is a necessity to reveal his fatherhood, he should be attributed to his real father (if he is known) or to be given a name like Abdullah or Abdur-Rahman (all such names which are attributed to Allah.) if he is not known.

The person should be well aware that the adopted child can have no right

i)               To attribute himself to the adopter as to prove his linage (i.e. Nasab).

ii)             To claim to be a Mahram, once reaching the age of maturity to the members of the adopters family of the opposite sex

iii)            To inherit him (except he was awarded a share within the one-third of adopters assets by the way of a will).

In case the adopter’s wife was able to suckle the adopted child when he/she is still an infant, the child will be known as her son by way of suckling. Such a child would be considered as a Mahram for the members of the family of the opposite sex.

And Allah knows better.

For and on behalf of

The Islamic Sharia Council