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
children's rights in Islam covers all the years of childhood and infancy and include all the needs of a child in the process of his/her growth
Having a good name is one of the important children's rights in Islam. This is because a good name affects one's mind. A child hears his name day and night; and consequently, the meaning of that name unconsciously strengthens those features which are implied in it.
Therefore, the first duty of a parent towards his/her child is to give him/her a good name at birth. Prophet Muhammad (PBUH&HP) has said: “It is the responsibility of every father to choose a good name for his child "[1].
According to the researchers, male circumcision reduces many possible diseases in a man's reproductive organ. As one of the children's rights in Islam, it is recommended that the boy be circumcised on the seventh day of his birth. But it is obligatory to circumcise before the boy reaches puberty [i].
Islam strictly recommends breastfeeding, as one of the most significant children's rights in Islam, besides every day more and more scientific evidence confirms the advantages of this act. Breastfeeding is one of the factors affecting the physical, psychological and ethical characteristics of a baby.
According to the Holy Quran: “Mothers shall breastfeed their children for two whole years…” (2:233). Therefore, it is considered a child's right to be breastfed until the approximate age of two.
It is narrated from Prophet Muhammad (PBUH&HP): “For a child, there is no milk better than the milk of the mother” [3].
This theory has been proved that the human mind at the very beginning is quite blank, and it only gradually that starts using the faculties of sight, hearing, etc.
As it is noted in Holly Quran, “God has brought you from the wombs of your mothers while you did not know anything and He gave you hearing and sight and hearts that you may give thanks” (16:78)
Consequently, the atmosphere of family and society continuously influence the child's mind, although he/she is not aware of this process. Children are reflections of their parents. The best way to inculcate good behavior in children is to treat them with good grace.
It is emphasized in Islamic thought that children should be kept in a nice and respectful environment. Prophet Muhammad (PBUH&HP) said: “Respect your children and behave them in a nice manner” [4].
Although there is no compulsion on children to do religious duties, it is praised to gradually give children religious training. The impressions gained in childhood are very difficult to erase, and if respect and love of religion are infused into his/her mind in childhood, he/she will always remain attached to the religion.
In this stage, the best way of familiarizing the child with religious teachings is performing religious duties in front of him; children are the mirrors of their surroundings.
Imam Baqir (AS) said: “When the child reaches three years, teach him seven times to recite la ilahailla ' llah (there is no God but Allah). Then leave him at that till he is three years seven months and 20 days old; then train him to say Muhammad-un rasul-u 'llah (Muhammad is the messenger of Allah). Then leave him at that till he completes four years. Then teach him seven times to say Salla 'llahu ala Muhammadin wa aali Muhammad (Peace be upon Muhammad and the progeny of Muhammad). Then leave him at that till he reaches the age of 5 years; then ask him which one is his right hand and which one is the left. When he knows it, then make him face Qiblah [i] and tell him to do prostration (Sajdah)” [5].
This is to continue until he is six years of age. Then he should be told to pray and taught The Bowing (Ruku) and Prostration (Sajdah).
Through mentioned methods, the children learn their religious duties without coercion and feeling any burden upon themselves.
Notes:
[i] Imam Sadeq (AS) said: "Circumcise your sons when they are seven days old as it is cleaner and the flesh grows faster and because the earth hates the urine of the uncircumcised" [2].
References:
- Al-Hurr al-Aamili , Wasail al-shiah, vol. 2, p. 618.
- Al-Kafi Al-Kalini, Abu-Ja'afar Muhammad Ibn-Yaqub. Al-furu'min al-kafi. Vol. 6 Tehran: Dar al-kutub al-islamiyyah. 1981:34.
- Mirza Hussayn Nuri ,Mustadrak al-Wasāil, vol. 15, p.156.
- Muhammad Muhammadi Rayshari,Mizan al-Hikmah, vol, 1 , p. 7109.
- Ibn-e Fazl-e Tabarsi,Makarim Al Akhlaq, p. 115.
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.