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

The respectability of human rights begins with the way that society treats its children. Children's rights in Islam are not separated from human rights because children are the future generation. Our children are trust and assets for us from God. Furthermore, it is mentioned in the Eighteenth Chapter of the Quran (Surah Al-Kahf), verse 46 that children are an adornment of the worldly life.

The religion of Islam pays special attention to the rights of children and to the worthy manner to raise them. As the Prophet (PBUH) of Islam has asserted: "There are as many rights of children necessary upon parents as there are rights of parents necessary upon children."

It is worth mentioning that in this article, by children's rights in Islam we mean their rights over their parents. Admittedly, rights and duties are inter-related between parents and children, and children's rights in Islam are the duty of parents.

Accordingly, to fulfill children's rights in Islam, some parental obligations through specific guidelines are specified. Following guidelines are parental duties towards children (as the Child's Rights) in some specific ages:

Children's Rights in Islam:

1. Upbringing and Hygiene of Fetus (Before conception and during pregnancy)

Children's rights in Islam begin before conception and will continue during pregnancy. In this period, thoughts, actions, and nutrition of the parents (especially the mother) have an impact on the spirit, essence, character, and health of the unborn child; the child is like an organ of the mother and obtains all the necessary factors of development from her.

Emotional and respectful relations between parents and also mental relaxation of the mother are significant in this stage. Peace of mind has been affected by feeling assured in life.

Moreover, a healthy relationship between parents and a strong physical attraction is beneficial to conceive a pure and good child, while fear and worry will have negative consequences on the child.

One of the effective ways, to attain peace and confidence, is the remembrance of God [i].  

Therefore, the mother should try her best to keep herself occupied with religious acts such as reading Quran, praying, and staying away from fruitless activities that will not benefit her or the child growing inside her. 

On the other hand, the food individual eats not only has a high impact on the physical aspect of a person but on the nonphysical part as well. Some foods have also been recommended explicitly by Islamic teachings for a healthy, beautiful, and virtuous child. For instance, it is narrated from Prophet Muhammad (PBUH&HP): “Eating pomegranate is a cause of increased sperm production for men and makes the child beautiful and healthy as well” [1].

Another Hadith from Imam Sadeq (AS) narrates that “Anyone who eats quince on an empty stomach, the source of his seed production (sperm) becomes pure and healthy, and his child will be beautiful and decent” [2].

It is important to note that many acts are not recommended during conception:

Prophet Muhammad (PBUH&HP) said: “Speaking during the actual act, leads to confusion in the child” [3]. And: “Making love when the man is muhtalim (i.e., become in the state of Janabat [ii] during his sleep) and before doing ablution (Wudu or Ghusl), as this results in the child becoming insane” [4].

The above narrations and recommendations are just some of these factors that may affect the conceived child. It is notable that many factors contribute to the physical and psychological make-up of the child, such as inherited characteristics, geographical terms, and social status, etc. Giving charity, reciting the Quran, and praying are strictly effective to avert possible negative consequences.

2.The recitation of The Call to Prayer (Adhan and Iqama) in the ear of a newborn (At birth)

In the earliest time possible, a newborn child should hear the remembrance (Zikr) of Allah upon his/her arrival into this world. Adhan should be said in the right ear, and Iqama should be said in the left one by a competent person such as the father [iii] [5].

Notes:
[i] “Those who have faith and whose hearts find rest in the remembrance of Allah.’ Behold! The hearts find rest in Allah’s remembrance!” (13:28)

[ii] "Janabat" is a ritual impurity caused by the discharge of semen or by sexual intercourse, and the person on whom ghusl janabat becomes wajib is known as "junub" [6].

[iii] Prophet Muhammad (PBUH&HP) said: “Whenever you had a newborn boy or girl, say Adhan to his or her right ear and also say Iqamah in the left ear. So the Satan will not harm the baby". 

References:

1. Wasāil ash-Shī~a, vol. 25, p. 104, no. 31499
2. Biĥār al-Anwār, vol. 81, p.101.
3. Al-Khisal, p.520.
4. lal al-sharayi, p.514. 
5. Tuhaf al-'uqul. p. 13.
6. Sayyid Muhammad Rizvi, Marriage and Morals in Islam, p. 64.