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

Almost all religions have recommended the maintenance of family ties, but in the Islamic family, it has taken to unprecedented heights. Various Qur'anic verses and narrations (Hadiths) have emphasized maintaining the bonds of kinship (called Silatur-Rahim in Islam) and instruct Muslims to be kind, merciful, affectionate and caring towards parents and relatives; even to non-Muslim relatives or to those who are harsh to them. Why has so much importance been given to family ties in Islam? Who are concerned? What consequences does ignoring this important Islamic advice bring about? Here these and many similar questions are answered.

What is Family Ties (Silatur-Rahim)?

According to definitions with regard to Islamic family, Rahim [i] is anyone who becomes a relative through blood ties with one’s father, mother, uncle, and aunt, or through marriage [1]. And, Silat means kindness and affection. Simply said, Silatur-Rahim means being kind to family and relatives, and keeping a good relationship with them [1].

The Importance of Family Ties

Family kinship, with respect to the structure of Islamic family, is of paramount importance and is known to be the fastest-paid prayer. It brings about a quick reward in this world as well as an afterlife reward. Even the members of a family who are all sinful acquire more wealth by maintaining family ties, and their lives will last longer by doing good to each other [2].

In Surah Nisa it is said: “Be wary of Allah, in whose Name you adjure one another and [of severing ties with] blood relations.” (4:1). In another verse of the Quran, the pledge taken from the Children of Israel that includes worshipping God and being good to relatives is reminded (2:83). Muslims are also told to worship God and be good to parents and the relatives in another verse (4:36). The command to keep family ties right after the instruction of piety and worshipping God in these verses demonstrates that Silatur-Rahim is almost as important as piety in Islam.

In a narration, Prophet Muhammad (PBUH&HP) said that: “I command all the people of my followers (Umma), whether present or not, and those generations which are to come till the Day of Judgement (Qiyama), …, to maintain family kinship even if they live at a distance of a year's journey.” [3]. In another narration, Prophet (PBUH) states that the best of people in morality and behavior are the ones who resume their relationships with a relative who has cut the relation with them [4].

These verses and narrations about family kinship in the Islamic family together with many other ones illustrate the importance of this matter in Islam.

Keeping Family Ties in the Islamic Family: Who are Concerned?

Being a moral and divine duty over every human being, keeping family ties concerns both faithful and unfaithful relatives. Hence, even if parents and other relatives are not religious, one should respect them and try to fulfill their needs.

Imam Sadiq (AS) was asked about the rights of the relatives over one, he (AS) answered: “If they are of the opposite religious ideas, they have family rights that nothing can stop it; and if they are of the same religious believes, they have two rights: family rights and Islamic rights"[5]. When a man asked Prophet Muhammad (PBUH) about how to treat a relative who had harmed and insulted him, the Prophet (PBUH) answered: “Resume your relationship with the one who has broken family bonds with you, grant the one who has deprived you and forgive the one who has harmed you. Whenever you do so, God will protect you against them” [6].

However, the relationship with unfaithful and irreligious relatives, according to the Islamic family, can be maintained as far as it does not lead to committing an unlawful (Haram) act or disobeying other divine commands, otherwise, keeping family ties with unfaithful relatives is not even allowed [7].

The Priorities of Family Ties in the Islamic family

One might have numerous relatives and need to know who should be visited first or whose rights are more important than others’. The priorities are as follows in Islam: parents (and mother is the priority between them); sisters and brothers; relatives through blood ties (uncles, aunts, cousins, etc.); and, relatives through marriage (in-law family, etc.) [8].

To indicate the importance of this ranking, Prophet (PBUH) said: “If one gets five loaves of bread, or five dinars or five dates and wants to consume them, the best way is to donate them to parents. Secondly to use them himself and his family, and then giving them to poor relatives. Then donating to poor neighbors and finally voluntarily giving in the way of God; which is least rewarded.” [9]. It means that these five kinds of donations will be all rewarded since they are in obedience to God’s commands and in His way, but voluntary charity (Sadaqah) is less paid [10].

Imam Hussain (AS) has narrated from Prophet (PBUH) that: “to pay family rights, begin from your own family: first your mother, father, sister, and brother; then other relatives depending on how close they are to you” [11].

Continues Reading: What Does Islam Say about Maintaining Family Ties: Part 2

Notes:

[i]  Rahim is a word derived from Allah's special quality, Ar-Rahman (The Compassionate One).

References:

1. islamic family
2. Ibn Babawayh, “Al-Khisal”, p. 124.
3. Shaykh al-Kulayni, “Al-Kafi”, vol. 2, p. 151.
4.  A. Javadi Amoli, “Mafatih al-hayat”, p. 212.
5. Shaykh al-Kulayni, “Al-Kafi”, vol. 2, p. 157.
6. Shaykh al-Kulayni, “Al-Kafi”, vol. 2, p. 150.
7. A. Javadi Amoli, “Tasneem Tafsir”, vol. 2, p. 560-561.
8.  A. Javadi Amoli, “Mafatih al-hayat”, p. 219.
9. Shaykh al-Kulayni, “Al-Kafi”, vol. 5, p. 65.
10.  A. Javadi Amoli, “Mafatih al-hayat”, p. 220.
11. Shaykh al-Mufid, “Al-Ikhtisas”, p. 219.