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
