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.
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.
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.
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.
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].
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:
- Humairi, Abdullah bin Ja’far, Qurbul Isnad, p. 9, hadith 315, Aalul-Bait (a.s.) Institute, Qom, first edition, 1413 A.H.
- Chapter Yousuf. verses 23 - 32
Imam Sajjad (AS) enumerates the rights of parents in Islam, specifically the mother in ‘Treatise On Rights (Risalat al-Huquq)’, based on her efforts, such as how she withstood the difficulties during the pregnancy, the care and protection she provided after giving birth to the baby, the selfless sacrifices she made so that her child could grow up in the most comfortable condition and with the best education.
Then, Imam (AS) invites to show gratitude to the mother, but he adds in the end that one cannot reciprocate what she had done unless God helps him to succeed [12].
Prophet Muhammad (PBUH&HP) admits that one can never (repeats this two times) pay back the rights of the mother; even if he attempts as many times as the number of the raindrops and the desert sands of the world to pay her back for only one of the days that she had carried him in her womb during the pregnancy, he will not succeed [13].
The rights of the mother among parents in Islam are even known to be superior to those of the father [14] since it is said that: “If you are performing a recommended (mustahab) prayer (which is a kind of talking with God and being in His presence requires certain reverence) and your father calls you, do not break your prayer but if your mother calls, break the prayer”[15].
In this regard, it is narrated that a man, who claimed that had committed every possible sin, asked Prophet Muhammad (PBUH) if he could still repent or not. Prophet (PBUH&HP) questioned if either of his parents was alive. He answered, his father was. Then, Prophet (PBUH&HP) advised him to go and treat him well. A while after the man left, Prophet (PBUH&HP) said: “if his mother was alive [he would certainly have the opportunity to repent]” [4].
These, along with other Quranic verses and narrations (Hadiths) highlight the importance of parents in Islam and especially mothers’ rights; something that can never be returned unless with divine providence.
One of the rights of the father is to recognize him as the root that has given existence to his children. Whenever one is proud of him/herself for a blessing, he/she should remember that he/she has inherited it from his/her father. Hence, one should praise God and thank him for what He has granted him [12].
Imam Reza (AS) said: “offer your property, honor, and life to your father since you have received them from him. Do good to him and ask for the blessing and forgiveness for him after his death” [16]. It is good to know that the amount of the father’s right in his child’s property is as much as it is sufficient for daily meals, without any dissipation, and only in case of need [14].
Gaining God’s satisfaction: “whoever his parents are satisfied with, I am satisfied with him/her” [17].
Long-lasting life: “Whoever honors his parents, will live a long life” [20].
Receiving good deeds from their own children: “honor your parents, so your children will honor you” [19].
Easy death: “Whoever honors the parents, God will ease his death” [21].
Being rewarded the highest levels in Heaven: “one, who gives Infaq to his parents, tolerates them, is beneficent to them and does not upset nor harm them, will be placed in the best levels of Heaven” [18].
According to Islamic teachings, not only mistreating parents in Islam is insolence to them, but also includes ignoring their rights, disobeying them in what is permissible and disrespecting them [22]. It is known from Islamic teachings that:
Even if one’s parents have done something unfair to him, he is not allowed to look at them with a sharp, angry gaze. Otherwise, even a single prayer (Salat) of him will not be accepted [24].
Insolence to parents is one of the major sins and is Haram [23].
Prophet (PBUH) has warned about the consequences of Insolence to the parents by saying that the sweet smell of heaven will be sensed from a thousand years of distance but does not reach those who have been insolent to their parents [25].
It is essential to know that one may gain the satisfaction of the parents when they are alive, but will be readily insolent to them after their death by ignoring their rights like not paying their debts, not praying for them, etc.; and the other way around [16].
Notes:
[i] (2 :83), (17:23), (4:36), (6:151), (31:13-14).
[ii] Doing prayer (Salat) and fasting (Swam) in place of parents, especially after their death, is highly advised in Islamic teachings. This is due to the importance of having respect for parents and these two Islamic practices. This also helps to maintain the emotional links between children and parents, even after their death.
[iii] Praying for parents and asking mercy on them is a duty on children that is emphasized in the Quran and Islamic narrations. If parents have committed some sins or have sometimes been disobedient, praying for them might be beneficial to them.
References:
- M. B. Majlesi, “Bihar al-Anwar,” vol. 74, p. 85.
- M. H. Tusi, "Tahdhib al-Ahkam," vol. 6, p. 350.
- A. Q. Payande, “Nahj Al-Fasahah,” T. 2963.
- parents in Islam
- M. B. Majlesi, "Mir’at al-oqul fi sharh ikhbar al-rasoul (PBUH)", vol. 8, p. 390
- M. Muhammadi Rayshahri, “The scale of wisdom: a compendium of Shi'a Hadith”, T. 6762.
- M. Muhammadi Rayshahri, “The scale of wisdom: a compendium of Shi'a Hadith”, T. 6761
- “Mutual rights of parents and children”, vol. 36, p. 86.
- Ibn Babawayh, “Al-Khisal”, p. 298.
- H. T. Nuri Ṭabarsi, “Mustadrak al-Wassail”, vol. 15, p. 198.
- M. B. Majlesi, “Bihar al-Anwar”, vol. 86, p. 359.
- Imam Zayn al-'Abidin (AS), “Treatise On Rights (Risalat al-Huquq)”.
- H. T. Nuri Ṭabarsi, “Mustadrak al-Wassail”, vol. 15, p. 203.
- A. Javadi Amoli, “Mafatih al-hayat”, p. 224.H. T. Nuri Ṭabarsi, “Mustadrak al-Wassail”, vol. 15, p. 181.
- H. T. Nuri Ṭabarsi, “Mustadrak al-Wassail”, vol. 15, p. 181.
- Ibn Babawayh,,”Fiqh al-Ridha (AS)”, p. 334.
- H. T. Nuri Ṭabarsi, “Mustadrak al-Wasail”, vol. 15, p. 176.
- [18]. Sheikh al-Mufid, “Al-Amali”, p.167.
- F. H. Tabarsi, “Mishkat ul-Anwar Fi Ghurar il-Akhbar”, p. 280.
- F. H. Tabarsi, “Mishkat ul-Anwar Fi Ghurar il-Akhbar”, p. 282.
- F. H. Tabarsi, “Mishkat ul-Anwar Fi Ghurar il-Akhbar”, p. 281.
- J. M. Khonsari, “A discription on Ghurar Al-Hikam Wa Durar Al-Kalim", vol. 1, p.548.
- A. Javadi Amoli, http://maarefquran.org/.
- H. T. Nuri Ṭabarsi, “Mustadrak al-Wasail”, vol. 15, p. 204.
- N. Makarim Shirazi, “Tafsir Nemouneh”, vol. 12, p.80.
One of the motivations of those who convert to Islam may be marrying someone who is a Muslim. In Islam, marriage is a sacred and dear institution to Allah, and it plays a very crucial role in the formation of an ideal society. It is in fact, considered one of the greatest Divine blessings for responding to the natural instincts of human beings. However, according to the Islamic teachings, faith is the first quality to be considered in choosing a spouse.
A faithful and harmonious partner plays a crucial role in having a prosperous life. It is on this basis that the Quran, the Holy Prophet (PBUH&HP) and his Ahl al-Bayt (AS) have laid great emphasis on religion and well mannerism as necessary criteria for marriage.
Meanwhile, an important question that comes to mind is that, “can we convert to Islam for the sake of marriage or not?”
Marriage is a natural necessity for every human being and several good outcomes such as procreation, sexual satisfaction, peace of mind, etc. are considered as the purposes of marriage. However, these could not be the ultimate goal of marriage in Islam as the non-Muslims can also achieve these, perhaps in better ways.
Humankind is not created solely to eat, drink, sleep, seek pleasure or act lustfully. Thus, the aim of marriage for a religious person should be a means of gaining proximity to Allah and avoiding sins. In this regards, a good and faithful partner assumes a vital role as he/she invites his/her partner to goodness, in the same way as a corrupt person would tempt his/her partner towards corruption. Islam has enjoined its adherents to consider religion and good manners as necessary criteria for the selection of their future partners on different occasions.
The Prophet (PBUH&HP) said: “If I were to bestow all the good of both worlds upon a Muslim, I would endow him with a humble heart; a tongue which continuously utters the praises of Allah; a body patient enough to withstand all calamities; and I would give him a pious spouse, who when he sees her becomes happy and protects his property as well as her own honour in his absence”.[1]
In the Quran, it is said:
“Do not marry idolatresses until they embrace faith. A faithful slave girl is better than an idolatress, though she should impress you. And do not marry [your daughters] to idolaters until they embrace faith…” (2: 221)
From the above verse, it is clear that faith and religion is an uncompromised condition for marriage in Islam. It has explicitly prohibited marriage with the infidels except that they embrace Islam, as the statement “until they embrace faith” indicates. Thus, neither is the man allowed to marry an idolatress nor a Muslim woman is allowed to marry an idolater. However, there is a separate ruling [i] to the marriage with the people of the Book (i.e., Jews and Christians).
Meanwhile, following the Islamic jurisprudence, it is considered permissible for someone to convert to Islam for marriage, as there is not any religion hindrance on that, as far as it is based on the sincerity of intention and a strong determination to act by the Islamic teachings. Although such a conversion might not be the best idea, it might be a perfect chance to think more about converting to the real and true religion.
In Islam, faith and religion are crucial requirements to be considered in the choice of a future spouse. This is because the ultimate goal of a marriage is the everlasting salvation in this world and the Hereafter. And this cannot be achieved by marrying an idolatress or idolater. However, based on the verdicts of the Islamic jurists, it is acceptable to convert to Islam for the sake of marriage, so far as it is based on the sincerity of intention and a resolution to work in line with the teachings of the religion.
Note:
[i] Books on the Islamic jurisprudence or the official sites of the religious authorities should be consulted for details of the ruling.
References:
- Hur Amuli; Wasa’il as-Shiah, Vol. 14, P. 3.