Many incidents happen in societies which make so many children orphans, Incidents such as earthquakes, floods, tsunamis, or smaller events. Thus, the issue of taking care of these orphan kids becomes a challenge that should be dealt with. Many of these children may be sent to orphanages by the government.

And they keep waiting for some family to adopt them and take care of them. But, there are many parents who cannot give birth to a child and they wish to adopt one and make their family bigger. Some parents may have children of their own, and they want to adopt a child to help and take care of him/her.

This text explains the rulings of adopting a child according to the Islamic law.

The Difference Between Adoptive Children and Biological Children

 There are four major differences in Islamic law between adoptive and biological children:

1- Adopted children are better to be named after their biological parents. If they are named after their adoptive parents, the foster parents should not precisely introduce them as their own child. (This is forbidden (Haram) since it is a lie.)

2- Adopted children do not automatically inherit from their adoptive parents. Unless it is mentioned in the parents’ will.

3- When adopted children become mature (Baligh) they will become of the marriageable kin (non-Mahram) to their adoptive family (parents, brothers/ sisters, uncles/ aunts).

4- The property of an adopted child (provided by his/her biological parents or family members) belongs to him/ her. Adoptive parents will keep it as mere trustees.

The Importance of Supporting Orphans in Islam

Islam has careful considerations towards orphans. Prophet Muhammad (PBUH&HP) himself had adopted a child and was fed by an adoptive mother during the first two years of his life.

It is narrated by Prophet Muhammad (PBUH) that “‘ The one who sponsors an orphan and I are like these two in Paradise.’ Then he joined his index and middle fingers” [1].

Orphans are so important in the eyes of God that Allah says in the Holy Quran “Indeed those who consume the property of orphans wrongfully, only ingest fire into their bellies, and soon they will enter the Blaze.” (4: 10)

There are specific rules in Islam with regards to adopting children.

In Islam, biological parents and the family lineage are of great significance. So, child adoption must not occur in a way that children lose their filiation. It is essential to keep in mind that according to Islam, filiation will be inherited from biological parents. Thus, by making a child adoption contract, the adoptive family will not be the child’s filiation.

Adopting Children or Child Protection

According to Islamic law, child adoption is forbidden (Haram). But child protection (Kifalah) is highly recommended. By child adoption we mean, accepting a child and considering him/her as the adoptive parents’ real child. By child protection, we suggest that the child is being taken care of by his/ her foster parents. And at a suitable age, he/ she will be informed of his/her real filiation.

Thus, there is no problem in accepting a child as his/ her protector (Kafil). It becomes problematic when adopted children are not told the truth about their biological parents. It is understandable that it would be hard to tell any child that he/ she is not a family’s real child. But, consultations can help parents to find a proper way of telling the truth to their adopted child.

Besides, it is highly recommended in Islam to protect and support orphans, which means giving them financial and spiritual support in all aspects of their lives.

Why Islam Recommends Child Protection (Kafalah) instead of Adopting Children

There are many arguments about child adoption in Islam. Some people complain about the adoption rules. They believe that infants who have the chance of being adopted should be named after their adoptive parents. So they do not feel orphaned in society.

 One of the points that Islam has in this regard is that the adopted children are of unmarriageable kin (non-Mahram). So when they grow up, they may face problems within their adoptive family.

 Also if the adopted child is not aware of his/her real identity, there would be a chance of him marrying a marriageable kin (Mahram) of his/her biological family line without being aware of that. In Islam, like every other Abrahamic religion, it is forbidden to marry a marriageable kin (Mahram) [ii].

Is There Any way that the Adopted Child Could Become of the Marriageable Kin (Mahram)?

There is a tradition in some cultures that women do not feed their own children. Instead, they choose a wet nurse to breastfeed the child. The child who is breastfed from another woman, for a specific duration, will become of marriageable kin (Mahram) to the woman and her family.

 Thus, if the adopted child is under two years old, and if the adoptive mother or her sister or her mother can breastfeed the child for a specific duration, a Foster (Ridha’) relationship will be created. As a result, the child will become of marriageable kin (Mahram) [i]. But the rulings with regards to inheritance is still the same.

Notes:

[i] For exact information about foster (Ridha’) you should refer to your own source of emulation (Marja’ taqlid)

[ii] Read more about marriageable kin (mahram) at http://salamislam.com/content/who-are-mahrams-islam/4

References:

1. Humairi, Abdullah bin Ja’far, Qurbul Isnad, p. 9, hadith 315, Aalul-Bait (a.s.) Institute, Qom, first edition, 1413 A.H.
2. Chapter Yousuf. verses 23 - 32

Domestic violence is any violent or aggressive behavior by one person against another within the home, typically involving the violent abuse of a spouse or partner. These behaviors, used by one person in a relationship to control the other, occur in many forms; physical violence, verbal violence, sexual violence, psychological violence, and emotional abuse.

All these acts and behaviors are rationally condemned, but, how does Islam react to this phenomenon and what solutions does it propose?

No Harm to Oneself, Nor to Others

According to the Islamic teachings, any harm to oneself is either totally forbidden (Haram), or should be avoided and is detestable (Makruh); so is any harm to others [1].

Prophet Muhammad (PBUH&HP) said that whoever hurts others, God will hurt him; and, whoever inflicts pain on others, God will give him pain [2]. That is also true about any kind of domestic violence. Since it causes pain and harm to the victim, domestic violence is also condemned in Islam.

Bad Temper is Blamed; So is Any Violence

It is narrated that Prophet Muhammad (PBUH&HP) assisted the funeral of Sa'd ibn Ma'ad [i]. He (PBUH) did things during that funeral and respected him so much, that he (PBUH&HP) had never done in any funeral before. He (PBUH&HP) ordered to bath the corpse, and he (PBUH&HP) did the funeral prayer himself. But at the end of the event, he (PBUH&HP) declared that Sa’d is suffering from the pressure in the grave.

People were surprised that how come that someone who has been such dignified by the prophet (PBUH&HP) is suffering from the grave pressure. Prophet (PBUH&HP) explained that Sa’d was bad-tempered towards his family [3].

In another narration, it is said that the worst of people is the one who is rough to his family [4]; i.e., whose wife gets frightened and children hide when he arrives home, and they feel relieved when he leaves [5]. On the contrary, as Prophet Muhammad (PBUH&HP) said, the closest to the position of the prophet (PBUH&HP) before God is who behaves very well with his family and is the most beneficent to them” [6].

These examples show that every harsh treatment with the family will be counted and will be paid afterlife. Then, it is clear that any violence, either verbal or physical, is forbidden in Islam and will be punished severely.

Any Physical Violence is Banned

Imam Ali (AS) has advised that: “the wife is really like a flower (it is fragile), put up with her in any case and accompany her nicely to have a pleasant life” [7]. It means that contrary to the rumors that Islam has permitted the husband to hit his wife, Islam has ordered to honor her and to treat her kindly; even if he no longer loves her (4:19).

A few solutions …

Islamic teachings have always emphasized on the importance of the family and Muslims are advised to toleration in order to maintain the foundation of the family. Hence, in the case of a dispute between a couple, Islam invites to patience: “Whoever remains patient despite the misbehavior of his wife, God will reward him as great as Ayub's [ii] for his affliction.

Likewise, if a woman keeps patience despite the misbehavior of her husband, God will reward her as great as Asiya bint Muzahim (the Pharaoh's wife) [iii] .” [8].

When it comes to children, special attention is paid to their education. To raise well-behaved children with a good character, Islam forbids any humiliation and violence against them. Imam Ali an-Naqi (AS) said that: “Do not beat the child; just sulk with him, but not for a long time.” [9].

Although parents might blame their children under some conditions and in certain circumstances, they are warned against too much reproach. Imam Ali (AS) said that: “Excessive blame on anybody will increase the obstinacy.” [10].

It is notable that a true Muslim should also be tolerant and considerate towards other people as much as he/she is towards his family and relatives. This will be discussed further in another article.

Notes:

[i] One of the prominent companions of Prophet Muhammad (PBUH&HP).

[ii] Prophet Ayub (PBUH) was afflicted by suffering for a lengthy period, but he never lost faith in God and forever called to God in prayer. He (PBUH) is known as the symbol of patience in Islam.

[iii] In the Quran, Asiya is described as the wife of Pharaoh who reigned during the time of Prophet Moses (PBUH). Unlike her husband, she was humble and accepted the faith that prophet Moses (PBUH) preached. She died while being tortured by her husband. In Islam, she is known as one of the greatest women of all time.

References:

1. S. A. al-Muttaqi, “Kanz al-Ummal”, T. 9498.
2. S. A. al-Muttaqi, “Kanz al-Ummal”, T. 9518.
3. Ibn Babawayh, “Ilal Al-Shara'I”, p. 310.
4. Al Suyuti, “Jami al-saghir”, vol. 2, p. 77.
5. Al-Haythami, “Majma al-Zawa'id”, vol. 8, p. 25.
6. Ibn Babawayh, “Uyun akhbar al-Rida”, vol. 2, p. 38.
7. S. H. al-Amili, “Wasail al-Shia”, vol. 37, p. 115.
8. Ibn Babawayh, "Man la yahduruhu al-Faqih", vol. 4, p. 392.
9. violence in Family 
10. Ghurar al-Hikam wa Durar al-Kalim, T. 4507.