ADOPTION

What is the Islamic view with regard to adoption?

If by adoption is meant that you take a poor child and look after his boarding, lodging and clothing, Islam has always stressed the importance of helping the poor and needy people. One can always give charity and fatherly love to the child.

It is reported in a Hadith that the one who assumes responsibility for the well-being of an orphan will be granted the nearness of Nabi (Sallallahu Alayhi Wasallam) in Jannat (Mishkaat). This is an extremely neglected Sunnat of our beloved Nabi (Sallallaahu Alayhi Wasallam) and we should definitely aspire in this direction; however, we must uphold the framework of the Shariah.

One cannot legally adopt; you cannot give your name to the child. Legal adoption like this is prohibited in Islam.

If a person legally adopts a child there can be several complications. Firstly, the child will lose his identity. Secondly, suppose after adopting a child one has children of his own. It is natural that in such a situation you will show bias in favour of your own blood child. Thirdly, if the child born to you is of the opposite sex to the adopted child, they cannot freely stay in the same home because they aren't blood related to each other. When the adopted child, a girl, grows up, she has to make Purdah (Hijaab) with the adopted father as he is not her real father. If the boy becomes a man and marries, there will be Hijaab between the so called father and daughter-in-law.

If you adopt a child you will be depriving him/her of many rights. If a person dies, the property that he leaves behind has to be divided according to what is mentioned in the Qur'an.

If the person has children and if he legally adopted a child, he will be depriving his own child of his legitimate inheritance. If a person has no children when he dies, then his wife will get 1/4 the estate. If there are children she gets 1/8. Again the adopted child will reduce the share of the mother should this child be considered legally legitimate.

To avoid all these complications, legal adoption is prohibited in Islam. However this should in no way dissuade us from earning tremendous reward by taking care of orphan children.

Fatwa Dept. - Jamiatul Ulama (KZN)

Source:  Jamiatul Ulama (Kwazulu-Natal)