There is a great deal of misconception when it comes to studying adoption in the light of Islamic law. Adoption of children is of two types:
- Legally adopting orphans – which is forbidden
- Sponsoring orphans – which is sunnah
Legally adopting means adopting a child in the sense that the child is considered to be the child of the adopting parent, giving him his name, and giving him a share in inheritance. So that the orphan is not allowed to marry one of the man’s daughters, and so the sons of the adoptive father are regarded as brothers of the orphan and his daughters are regarded as his sisters. This is not permitted. Allah nullified it in the Quran when He said:
“…nor has He made your adopted sons your real sons. That is (merely) your saying by your mouths.” (Quran 33:4)
Allah has forbidden adoption because it causes knowledge of people’s lineage to be lost, and we have been commanded to preserve people’s lineage.
Islamic scholars and theologians have traditionally said that the entire Sharia is designed to protect human welfare which they define through 6 core universal interests.
1. Life
2. Religion
3. Reason
4. Wealth
5. Family/Lineage
6. Honor
Thus, murder/injury is prohibited to preserve life. Alcohol and other intoxicants are prohibited to preserve human reason and intellect. Extra-martial affairs are prohibited to protect family bonds. Similarly legal adoption is prohibited to preserve lineage of the child.
Abu Dharr states that he heard the Prophet, may Allah bless him and grant him peace, say, “A person who knowingly claims a father other than his own has disbelieved. A person who claims to be from a people when he is not one of them will take his place in the Fire.” (Al-Adab Al-Mufrad 433)
‘Adoption’ per say is not allowed in Islam, however, sponsoring orphans (kafala) is permitted. Kafala can be considered as customary adoption or an alternative to adoption. This includes being kind towards the child and giving him a righteous religious upbringing and sound direction, teaching him that which will benefit him in this world and the next. Kafala, unlike adoption, preserves the blood ties between a child and his or her biological parents. It is best translated as “foster parenting.” Algerian family law defines the concept thusly: “Kafala, or legal fostering, is the promise to undertake without payment and the upkeep, education and protection of a minor, in the same way as a father would do for his son”.
It is very much encouraged in Islam to look after the orphan and there are many authentic hadiths on the subject. There is a great blessing and reward in taking care of orphans. In the Quran, the believers are urged again and again to take care of the orphans.
“So do not be harsh with the orphan.” (Quran 93:9)
“And give orphans their properties, and do not substitute the bad for the good. And do not consume their properties by combining them with yours, for that would be a serious sin.” (Quran 4:2)
“Those who consume the wealth of orphans illicitly consume only fire into their bellies; and they will roast in a Blaze.” (Quran 4:10)
“…and be good to the parents, and the relatives, and the orphans, and the poor, and the neighbor next door, and the distant neighbor, and the close associate, and the traveler, and your servants. God does not love the arrogant showoff.” (Quran 4:36)
“…And they ask you about (the property of) orphans. Say, “To improve their lot is best.” (Quran 2:220)
“And do not come near the property of the orphan, except with the best intentions, until he reaches maturity. And give full weight and full measure, equitably.” (Quran 6:152)
The Messenger (peace and blessings of Allah be upon him) said that sponsoring orphans is a means of being together with him in Paradise.
Narrated Sahl:
Allah’s Messenger (ﷺ) said, “I and the one who looks after an orphan will be like this in Paradise,” showing his middle and index fingers and separating them. (Sahih al-Bukhari 5304)
Adopted children may enjoy the same rights as a biological child of an individual would, however, adopted children do not legally inherit from their guardian/foster parent unless a specific share of the property is gifted to the adopted child.