Adoption Laws In Islam: Some Issues

Adoption Laws In Islam: Some Issuesof the child.
Zahidul Islam BiswasBy adopting someone's child, as one's own, the
This is basically in response to the write-up by K Mrightful and deserving heirs to the property of a man
Rasheduzzaman Raja, a Joint District Judge atare deprived of their shares. Hence Islam has made it
Sirajgonj, published in the Daily Star on 3 Septemberharam (forbidden) for a father to deprive his natural
2005 entitled 'Adoption law is need of the hour'.children of inheritance. Allah has established the
Mentioning two examples, the honourable judge hasdistribution of inheritance in order to give each eligible
tried to advocate for the provision of adoption inperson his or her share. In matters of inheritance, the
Muslim personal law. His first example tells the storyQur'an does not recognise any claim except those
that a wealthy elderly woman without any childrenbased on relationship through blood and marriage
was killed by her nephew who was her only heir. To(Qur'an 8:75).
expedite his inheritance he hired a professional killerTaking a stranger, by adoption, into the family as one
to commit the grisly crime. It could have beenof its members and allowing him the privacy to be
otherwise if she had a child who should have takenwith women who are not close relatives
care of her in her last days as the other children do(non-mahrem), is a deception, for the adopter's wife
in our society in the case of their parents. The otheris not the adopted son's mother, nor is his daughter
example is that an expatriate woman who wasthe boy's sister, nor is his sister the boy's aunt since
cherishing for motherhood for long time expressedall of them are non-mahrem to him and vice-versa
her desire to adopt a baby, left in a clinic by its poorfor an adopted daughter. Also when the adopted
mother after delivery, and accordingly she filed achild's lineal identity or paternity is changed, it is quite
petition before the Family Court. Not surprisingly, thepossible that the adopted child may, unknowingly,
court frustrated her saying that the law can onlyenter into incestuous relationships by marrying close
provide her with guardianship of the child onrelatives of the natural parents (mahrem) or
consideration of her legal capacity, but cannot let itotherwise his marital chances may in general become
be adopted on consideration of her parentalsubject to confusion.
affection.When the adopted child receives a claim on the
With these two examples followed by a shortinheritance of the adopter, the anger and wrath of
discussion on problems for not having provision ofthe real relatives may be aroused against the
adoption in Muslim personal law, he concludes that atadopted who the relatives feel forces himself or
a certain age the wealthy industrialists, businessherself upon them and usurps their rights, depriving
tycoons or financially solvent persons having nothem of their full inheritance. Often such anger leads
issues become tired and cast a vacant look uponto quarrels, fights, and even killings, as we see
their hard-work-earned huge property and cast anowadays, and to the breaking of relations among
deep sigh thinking that who would maintain theirrelatives. Therefore, it is not conducive to family
empire of wealth in their absence in the world. To letsolidarity and overall harmony and peace, which are
them come out of such despairing condition thenecessary for social stability.
adoption law can play a magic and keep them activeHowever, "adoption" is also used in another sense.
till their last day to flourish the economy of theThis use of adoption is not prohibited by Islam -- that
country.is, when a man brings home an orphan (including a
Hence, it seems that the honourable judge has givenfoundling or abandoned child) and wants to raise, to
a tremendous thought for a class of wealthy peopleeducate, and to treat as his own child. In this case,
of the country. However, with due respect to hishe protects, feeds, clothes, teaches, and loves the
views, I want to express the insights into thechild as his own without attributing the child to
prohibition of adoption in Islam. This write-up is,himself, nor does he give him or her the rights which
simultaneously, expected to state whether adoptionthe Shari'ah reserves for natural children. However, if
law is a solution to the problem.a man is childless and has no children of his own, and
The central notion of justice in the Shari'ah is basedhe wishes to benefit such a child (orphan or
on mutual respect of one human being by another.foundling) from his wealth, he may give him
The just society in Islam means the society thatwhatever he wants during his lifetime. This is a
secures and maintains respect for persons and theirmeritorious and noteworthy act in Islam, and the man
rights through various social arrangements that are inwho does it will be rewarded by Allah.
the common interest and welfare of all members.Muslims believe that Allah is the Wise, All-Knowing and
Islam views adoption as a falsification of the naturalMerciful. He makes things halal (permitted) and haram
order of society and of reality. And the prohibition of(forbidden) for a reason, with the people's well being
legal adoption in Islam has been, in fact, ordained toin mind. Thus, a Muslim is not required to know
protect the rights, not of a single class, but of theexactly what is harmful in what Allah has prohibited; it
adopted, adopter, natural parents, other individualsmay be hidden or not clear to him but could be
affected by the adoption, and society as a whole.apparent or clear to someone else, or its harm may
This proposition will be made clear in the following.not have been discovered during his lifetime but may
The child is an extension of his father and the bearerbe understood at a later time period or era. A great
of his characteristics. During his lifetime he is the joyexample of this is the prohibition of the eating of
of his father's eyes. While after his father's death thepork in Islam. Scientific research, after centuries of
child represents a continuation of his existence andthis prohibition, has now shown the presence of
an embodiment of his immortality. The child inheritsparasites and deadly bacteria in its flesh. True
his features and stature as well as his mental qualitiesbelievers have to accept Allah's Wisdom and
and traits, both the good and the bad, the beautifulKnowledge in the forbidding of any act since He sees
as well as the ugly. The child is a part of the father'sand knows things on a universal and timeless basis
heart and a piece of his body. These facts cannot befor all mankind unlike the ability of human beings to
altered by adoption of that child by anyone and Islamfocus mainly on individual and present needs. Thus
has provided the inalienable right of the child to histhe acceptance of the prohibition of legal adoption, as
lineage as well as that of the natural father to lineage.it is personal affairs of Muslims and affecting no
The child in Islam also has the equally inalienable rightperson of other religions, should also be regarded as
to legitimacy. The principle of legitimacy holds thatthe acceptance of the timeless power and
every child shall have a father and one father only.knowledge of Allah.
This is why Allah has ordained marriage and hasThe author is an advocate of the Supreme Court of
forbidden adultery so that paternity may beBangladesh. This article was first published in the
established without doubt or ambiguity and that the‘Law and Our Rights’ section of the The
child may be referred to his father and the father toDaily Star, Issue No: 206; September 10, 2005,
his sons and daughters. Hence, adoption cannot beBangladesh.
used in Islam to hide the illegitimacy or the paternity