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Adoption - An Islamic Perspective
What is the Islamic view of adoption? Are current practices such as giving up the child's natural father's name in exchange for the adoptive father's, correct? Suriati Abdullah explores the legal and moral issues surrounding the practice of adoption and proposes the idea of an Open Adoption rather than a Closed Adoption.
by Suriati Abdulllah
"If possible, don't go for adoption,"
Pakcik Maaruf advises Ani and
Imran, a childless couple. "Not many
people understand the full implications
of adopting a child. However, you may
consider adopting your nephew or nieces," he added.
Adoption is never an easy option
for a couple yearning for a child but
unable to conceive their own. It is a
responsibilty which is not to be taken
lightly, as it involves the future of a child
and two families. In this age when much
can be done to assist infertile couples,
adopting a child is still seen as a viable
alternative. After all, there are many
children born of unwed mothers or who
come from poor and broken families
and are deprived of love and care.
Wouldn't adopting a child be a noble
and sensible option? Didn't the Prophet
(s.a.w.) himself adopt a son, Zaid bin
Harith?
Rasulullah (s.a.w.) said: "I and the
one who raises an orphan, will be like
these two in the Garden," and he
pointed to his middle and index fingers
with a slight gap between the two.
Islam enjoins charity on orphans
and other needy children who need
care and protection. However, adoption
according to Islam differs significantly
from adoption in secular systems.
In secular systems, written consent
from the natural parent is required
before a legal adoption. Once given, the
natural parents have no claim to a legal
relationship with the child. In most
cases of legal adoption, the child is
issued with a new birth certificate,
bearing the adoptive parents'name as
his rightful parents. Henceforth, all
natural lineage ties are severed. Some
adoptive children never find out who their
natural parents are. This type of
adoption is known as a Closed Adoption
rather than an Open Adoption.
Closed Adoption
Adoption, especially Closed
Adoption, is not encouraged by Islam
because it is not in line with the
importance Islam places on family
relationships, parentage and lineage.
The relationship between parents and
child is especially treasured in Islam.
Adoption naturally weakens the bond
between the natural parents and the
child, and may even breed ill-feelings
and discontent. Islam wishes for every
child to be cared and loved by his own
parents. However, this is not always
possible in the event of death for
instance. Other circumstances such as
imprisonment or detention in a drug
rehabilitation centre of a parent make
it necessary for an alternative care
arrangement for a child.
What can be termed adoption in
Islam is at best, an alternative care
arrangement for a child whose parents
have died or are unable to provide the
physical care, love and protection. Such
children are cared by a set of parents
who act as caregivers with the consent,
whether written or verbal, from the
natural parents or next of kin. Here,
natural parents do not give up their
parental rights. They merely achieve a
mutual agreement on the care
arrangement of the child. The basis of
this relationship lies on the concept of
syura' or concensus.
Open Adoption
This is very similar to the idea of
an Open Adoption where the adopted
child is aware of the existence of his
natural parents and they are free to
communicate with one another. The
child is given the liberty to decide who
he wants to live with when he comes
of age. This was certainly the case when
the Prophet (s.a.w.) adopted Zaid
before his call to Prophethood. His
natural parents demanded his return but
Zaid freely chose to be with the
Prophet.
When a couple chooses to adopt,
they must be aware that there are
certain guidelines with regards to
Parental Rights, Lineage Hijab
(Boundaries) and Inheritance.
Parental Rights
In Islam, the bond between a
natural parent and a child can never be
given away with a piece of legal
document. A child is an amanah of Allah
(s.w.t.) to the parents and it is their
responsibility to care for the child to the
best of their abilities and to be
accountable for his well-being. Islam
rightly views legal adoption as a
falsification of the natural order.
Lineage
The first thing some adoptive
parents do in the adoption process is
to change the child's surname or
father's name. They will then regard the
child as their own. Islam forbids this, as
is clearly stated in Surah Al-Ahzab Verse
4 to 5:"...nor has (Allah) made your
adopted sons your real sons. These are
the things which you utter from your
mouths, but Allah says that which is
based on reality and He alone guides
to the Right Way. Call your adopted
sons after their father's names: this is
more just in the sight of Allah. And if
you do not know who their fathers are,
then they are your brothers in faith and
your friends..."
Many adoptive parents change the
child's name to follow their own to
discourage queries about the status of
their child. Others do so for legal and
administrative purposes. As a
compromise, the child could retain his
original name, while having an alias for
the latter purpose.
If the child's lineage is changed,
consider the possibility of incest
occuring unknowingly. This is not as
remote as a possibility as one may think,
especially in a small community. This is
a grave social crime, as it leads to the
marriage of an adopted child to his own
family members.
Hijab (Boundaries)
Many practising Muslims are
aware of the functions of hijab in Islam.
Hijab does not only apply to dress
codes for both Muslim men and women
but it also applies to relationships
between men and women who are not
muhrim.
This relationship may seem
restrictive and cumbersome to some.
How does Islam overcome such a
problem should adoption become a
necessity? There is a provision in Islam
where an adoptive child can have a
natural relationship with the adoptive
parents' family through nursing. The
adoptive mother may nurse the child
for a minimum of of the feeds till he is full.
By virtue of this act, the child becomes
a muhrim to his family. He is prohibited
from marrying the woman who suckled
him as well as her daughters.
On the other hand, should no
nursing take place, he may marry his
adoptive mother and her daughters if
he wishes because there are no blood
ties or 'milk' ties. Propher Muhammad
(s.a.w.) married Ummatul Mukminin
Zainab Binti Jahsy who was the divorced
wife of adopted son, Zaid. This was
to define the different status of an
adopted child and one's own child and
thus eradicate the practice among the
pre-Islamic Arabs who treated the
adopted child as their own child with
respect to relationships, rights and
inheritance.
Inheritance
An adopted child in Islam is
prohibited from inheriting property of
his adoptive parents. He receives his
fair share from his natural parents. This
prevents the adoptive child from taking
away the rights of natural children and
deserving relatives. However, the
adoptive parents may wish to provide
the adoptive child with gifts in their
lifetime as tokens of their love and
goodwill.
For more information on adoption procedures, please contact:
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