All You Need to Know About Adoption in Islam

Outline

• Introduction
• Definition of Adoption
• Types of Adopted Children
• Does Islam Allow Adoption?
• Any Condition for Adopting a Child?
• What after Adoption?
• What does it Mean to be a Mahram?
• The Identity of an Adopted Child
• Parent-Child Relationship in Adoption
• Conclusion

Introduction

Alhamdulillah… Infinite praise and thanks are due to Allah, Who creates what He wills; grants female offspring to whomever He wills; male to whomever He wills; both male and female to whomever He wills; and leaves whomever He wills without offspring. May His Peace and Blessings be upon the best of whom have shown compassion and affection to orphans and strangers; Habibi Muhammad, his household, his companions and all those who follow his guided path, till the Day of Judgment.

Adoption (of children) has been commonly practised in the past, and its becoming a growing phenomenon (if it's not yet). It's practised all over the world. But it's more organized and formal in developed countries.

Different people adopt children for different reasons. This article, all you need to know about adoption in Islam, is not going to address the reasons behind individual's adoption of children. This article aims to highlight, and discuss adoption from Islamic point of view, regardless of the reasons, which individuals may have behind practising it.

The article also aims to provide answers regarding adoption, in the hope to create awareness that adoptive parents and their biological relatives may need to know, pertaining how to embrace their adopted children.

The importance of the article emerges as every single action in the life of a Muslim is supposed to be and act ‘ibadah, bundled with an appropriate and a genuine intention. ‘Ibadahs should be carried out in the light drawn and designed by Islam.

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Definition of Adoption

According to Collins COBUILD Dictionary on CD-ROM 2006, If you adopt someone else's child, you take it into your own family and make it legally your son or daughter.

We understand from this definition, that adoption, in the Western context is when one adopts a child, whether the parents of the child are known or not, and raises him just like his own. The biological parents of the child lose any legal right over the child as a result of the adoption. The child legally, becomes a son to his adoptive parents, in its literal meaning.

Types of Adopted Children

Children who are adopted are of three types. They are:

• Foundling Children
• Orphans
• Children whose parents are known or are still alive

Foundling Children

Foundling children are children who are abandoned by their parents, usually in public places. Unless the authorities are able to find out their biological parents, they grow up without knowing their biological parents.

Orphans

Islamically, an orphan is a child, who has lost his father in his childhood. A child who loses his mother is not considered as an orphan, because his financially needs are usually met, by his father. That way, his intellectual and social growth are likely to be easy.

Children whose parents are known or are still alive

Adopted children whose parents are known, or whose parents are still alive, are children who are usually adopted by their relatives, family friends or neighbours. The child may grow up not knowing his biological parents, but his adoptive parents do know.

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Does Islam Allow Adoption?

Yes, Islam allows adoption, with conditions. Let's discuss that further…

Adoption was practised in the Pre-Islam Arabian. In fact, during that time, even The Prophet Muhammad himself adopted Zaid Ibn Harithah, a slave given to him, by his wife (the mistress of the slave), Sayyidatuna Khadijah, radhiya Allahu ‘anha.

After Zaid accepted Islam, his biological father came to claim him, but Zaid refused to go back with him, and the father disowned him. As the Prophet treated Zaid well and they both established father-child relationship, it was an honour for Zaid, when the Prophet declared his adoption of Zaid, and Zaid could be called Zaid Ibn Muhammad (Zaid the son of Muhammad).

All that was so, because there was no revelation, that forbade adoption, in that particular nature and details.

Until then, adoption, whereby the adopted child adopts the family name of his adoptive father, was allowed. However, when the Prophet migrated to Madinah, this kind of adoption was prohibited. Zaid was no longer called ‘Zaid Ibn Muhammad‘ but ‘Zaid Ibn Harithah‘.

The revelation in which adoption was forbidden is in Surah Al-Ahzab 33:4-5, where Allah says:

وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ، ذَٰلِكُمْ قَوْلُكُم بِأَفْوَاهِكُمْ، وَاللَّـهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي السَّبِيلَ * ادْعُوهُمْ لِآبَائِهِمْ هُوَ أَقْسَطُ عِندَ اللَّـهِ، فَإِن لَّمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ

It means, “He has not made your adopted sons as your own sons. These are merely words which you utter with your mouths: but Allah speaks the truth and gives guidance to the right path. Call them after their own fathers; that is closer to justice in the sight of Allah. If you do not know their fathers, regard them as your brothers in faith and your proteges.”

Subsequently, to emphasize this meaning of the prohibition of adoption in the context of Pre-Islam Arabia (Western context, today), the Prophet, salla Allahu ‘alaihi wasallam, said in a Hadeeth, narrated by Sayyidina Ibn Abbas, radhiya Allahu ‘anhu, and reported by Imam Al-Bukhari, that:

مَنِ انْتَسَبَ إِلَى غَيْرِ أَبِيهِ أَوْ تَوَلَّى غَيْرَ مَوَالِيهِ فَعَلَيْهِ لَعْنَةُ اللَّهِ وَالمَلائِكَةِ وَالنَّاسِ أَجْمَعِينَ

It means, “Whoever claims the lineage of someone other his (biological) father, or gives his loyalty to other than his proteges, on him shall be the curse of Allah, and of the Angels and of the men altogether.”

In addition to that, the Prophet, salla Allahu ‘alaihi wasallam, said in a Hadeeth, narrated by Sayyiduna Abu Zharr, radhyiya Allahu ‘anhu, and reported by Imam(s) Al-Bukhari and Muslim,:

لَيْسَ مِنْ رَجُلٍ ادَّعَى لِغَيْرِ أَبِيهِ وَهُوَ يَعْلَمُهُ إِلا كَفَرَ

It means, “No man, who knowingly claims a father other than his father, except that he goes infidel (Kafir).”

This means, adoption, where a child adopts the family name or the surname of his adoptive family and even inherits them, is not allowed in Islam.

But adoption, where the child knows who he is, and that his adoptive family are not, but adoptive, and that his biological parents are others, then there's nothing wrong with that.

This is so, because Islam has commended individuals or families who raise orphans, when the latter lose their parents.

The Prophet has said in a Hadeeth narrated by Sayyidina Sahl Ibn Sa'd and authenticated by Imam Al-Bukhari, that:

أَنَا وَكَافِلُ اليَتِيمِ فِي الجَنَّةِ هَكَذَا، وَقَالَ بِإِصْبَعَيْهِ السَّبَّابَةِ وَالوُسْطَى

It means, “I and the one who sponsors an orphan will be like this in Paradise,” and he gestured with his index and middle fingers.”

On the basis that an orphan can be sponsored, or adopted according to the Islamic context, a foundling child or a relative's child too can be adopted. Notice that, although the orphan may have lost his father, he still has his mother and his uncles (from his father, possibly), while as for the foundling or the homeless child, he may have no one to turn to.

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Any Condition for Adopting a Child?

In Islam, likewise taking care on an orphan whose parents are known, one can adopt a child, whether or not his parents are known, provided he fulfills the following:

He makes it known to the child that he's not his biological parent, and thus the child should be given his biological family name or surname.

In the case that the biological parents of the child are not known, which means his natural family name or surname may not be known, he can be given a generalize surname, such as Abdullah or Abdul-Rahman or names which gives impression of belonging to Allah rather than to the adopive father or his family. For instance, if the given name of the adopted child is Anas, we can call him Anas Bin/Ibn (son of) Abdullah or Anas Bin Abdul-Rahman. An adopted girl may be called Summayyah Binte Abdullah or Sumayyah Binte Abdul-Rahman, provided her given name is Sumayyah.

What after Adoption?

What happens after adoption is similar to what happens after birth to any child. An adopted child's first day in the house of his adoptive parents is the day he's born again. That's where his history starts and can be more authentic and fruitful.

If he has no name, he should be given an appropriate name. He has to be breastfed by his adoptive mother, for her and her daughters to become Mahram to the child. She has to be breastfed by her adoptive mother, for her to become Mahram to her adoptive father and his sons.

The breastfeeding must take place anytime before the child is 2 years old. The breast milk must be satisfying (nutritious) for the child, and has to be more than five times. Some scholars say it should be an estimated duration of a day and night (24 hours).

The adopted child must be given education. His education should be as such, that will grant him knowledge about his Creator and his Islamic identity. Every child is born Muslim, but his parents turn him into a Jew, or a Magi. Such education should also encompass his intellectual growth of the child

The financial needs of the child must be met according to the ability and capacity of the adoptive family. They should care for him just like they do/will care for their biological children. When he needs to be corrected for his mistakes, they should correct him, even if that will break his heart; just like their biological child's heart will be broken, should they have corrected him. That is part of the Tarbiyah process of any child.

An adopted child does not inherit his adoptive parents, should death come in. He can't claim anything. Due to this, it will be wise and greatly rewarding for adoptive parents to grant a will (Wasiyyah) that entitles their adopted child[ren] for a portion not more than 1/3 of their wealth.

When he grows up, they have to get him married righteously. They become ‘Waliyy' for their adopted daughter. If the adoptive mother couldn't breastfeed the daughter, they can't be ‘Waliyy' for the girl. Be default, a matured male doesn't need a ‘Waliyy.'

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What does it Mean to be a Mahram?

Once we say someone is a Mahram to someone, it means the two parties are related, either by blood relation or by marriage. Being related by marriage means they are already married, or one is marrying the other party's child. Mahrams (except husband and wife) can't marry one another.

An adopted child becomes Mahram only after he's been breastfed for an estimated period of 24 hours, which can be minimum of five breastfeedings, anytime between birth until the child is 2 years old.

This means, once the adopted child is breastfed, before he's 2 years old, he can't marry that woman (his adoptive mother) who has breastfed him. The girl can't marry the man (her adoptive father) whose wife has breastfed her. The boy and girl can't marry children of their adoptive parents. They are instead siblings by breastfeeding.

The parents of the adoptive mother become grandparents to the adopted child. All her siblings become uncles and aunties to the adopted child. They can't marry each other as well. The children of these adoptive uncles and aunties are cousins to the adopted child. Cousins are not Mahram to one another, in Islam. They can marry one another.

The parents of the adoptive father become grandparents to the adopted child. All his siblings become uncles and aunties to the adopted child. They can't marry each other as well. The children of these adoptive uncles and aunties are cousins to the adopted child. Again, cousins are not Mahram to one another, in Islam. They can marry one another.

All this adoptive grandparents, uncles and aunties, and cousins affairs that are established is only between the adopted child and the said parties (the immediate family members of the adoptive parents). It has nothing to do with his biological siblings (if any) and his adoptive family.

He can't marry his adoptive parents, their parents, their children, their siblings and others, but his biological siblings (who are not breastfed by his adoptive mother) can do so. This is because the Mahram affair is established between the recipient of the breast milk and the donors (giver) of the breast milk.

Non-Mahram means the two parties (regardless of their age gap) can marry one another. Once this is the case, while they are not married, the girl must cover up (put on hijab) whenever in the presence of the male family members of her adoptive family, including her adoptive father. Female family members, including the adoptive mother, must also cover up, when the adopted son is present.

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The Identity of an Adopted Child

An adopted child does not bear the family name or the surname of his adopive family. It's therefore his right to be made known to him, his identity; his parents and his background. I believe that, making that known to him will help shape his personality, positively. Being honest with him instills honesty in him. Being truthful with him intills truthfulness in him. Being kind to him instill kindness in him, and so on.

Parent-Child Relationship in Adoption

As mentioned above, an adopted child male or female needs to be breastfed strictly by his or her adoptive mother, in order to establish Mahram relationship between the child and his or her adoptive parents and their immediate family members, should there be any.

The nature of the relationship is determined, depending on whether or not the breastfeeding took place. Whether or not breastfeeding took place, there are implications once a child is adopted.

If breastfeeding has taking place, then implications become minimal. But if breasfeeding didn't take place, then the implications become greater.

In the case where breastfeeding couldn't take place, although the adopted child is raised in the house of the adoptive parents and they stay in the same house, they are strangers to one another. Therefore the Islamic ethics between relatives and strangers must be observed at all time (click here to read about it).

Parents have moral responsibities towards their biological children. So do they, towards their adopted children. If they are not Mahram to the children, their moral responsibilities include observing Mahram and non-Mahram rulings in the presence of the children. Those children should also be mindful of the such ethics when they interact with the relatives of their adoptive parents.

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Conclusion

There's difference between adopting a child to offer him the happiness and the warmth a parent can give a child, and adopting a child to gain happiness from the presence of the child, in one's house.

Adopting a child, to give him a home, parents, and education may be solely for Allah's sake. Many adoptive parents of this kind usually have kids of their own. But when we adopt a child because we don't have one, the likelihood is that we seek our own happiness, rather than the child's. In this kind of situation, the likelihood is that, the treatment given to the adopted child is subject to how duration the couple will spend without being able to reproduce.

Whether one's objective in adopting a child is the former or the latter, the adopted child has right from the day he's adopted until the day he matures and chooses to stay independently. Such rights can be spiritual, moral, educational, social, economical and others.

One may not put full hope in his biological child to repay him fully at his elderly age. He should therefore, expect less from his adopted children, although adopted children are usually more grateful than one's biological children.

Allah knows best.

Allahu Hafiz 🙂

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