Holy Quran’s Verses Refer to and Put Emphasis on the Notion
“Many Holy Quran’s verses refer to and put emphasis on the notion that the fostering parent should not take or attempt to take the position biological parents of the adopted child. But rather, they should consider themselves as custodians and guardians for that child. They are merely considered trusties under the Islamic adoption law, and although their act is highly appreciated, their role is vividly clear and defined (Abraham, 2019).
In the Islamic culture, there is great prominence over having a solid family network even within second degree family members. Religion also calls for maintaining strong ties and build strong relationships with one’s family. That is why the thought of having a child completely abandoned or orphaned from all biological family members is very rare within the Islamic Culture. Extended family members are always expected to step in such cases.
The instructions and guidelines provided by the Islamic law indicates that the immediate biological family of the orphan/abandoned child should be allocated, and in the case they cannot be reached, the extended biological family should be the first in line to become the care givers of the child. moreover, the law also puts emphasis that the fostering/adopting parents should not cut the social, religious, cultural and family origins of the child. In addition, the word adoption in the culture of Islam is highly associated with unfortunate circumstantial situations where families were broken up due to forces outside their means, like times of war, famine or economic crisis (Ahmad, 2015). This is because the religion does not believe that a child is abandon through intentional means.
There are numerous debated regarding the nature of the Islamic adoption and the scope it includes under its umbrella. A ground breaking research study was conducted in August 2011, by a highly respected woman in the Shura council. The research studied the ‘Adoption and Care of Orphan Children: Islam and the Best Interest of the Child’, it offered a form of independent reasoning to the issue. ever since the study was released publicly, it was a driving force for future consensus on this issue. She aimed to shed light and raise awareness regarding the acceptance of the concept of adoption within the scope of Islamic Law and has incorporated the importance of the law’s ethical guidelines and how they should be followed within context (Rizvi, 2012).
A well-known Islamic law scholar, Faisal Kutty, has also remarked on this issue and claimed that such studies and similar other developments are what provides optimism and the crossover in this issue. He has also argued that there are sufficient claims in the Islamic jurisprudents that provide the basis for support of the concept of adoption. The concept may be a little different from the west, but the overall consensus of the notion is highly accepted and encouraged. The distinction amid the regulations practiced in the west and the ones practiced under the Islamic law is that in the they practice a closed adoption and provide a permanent form of child care, while Muslims move towards open adoptions where there is no nullification of the child’s biological identity and parentage. He also claims that there is undeniable religious obligation towards taking care of orphans and is a persistent theme under all the various juristic schools of Islam (Zaid, 2013).
I believe that the best way to cater to orphan’s needs is to have them grow up in loving supportive homes, and not attempt in concealing their true identity or cutting off their biological linkage. The rules under the Islam law are clear, but they do not hinder or prohibit adoption and all the beauty that comes with it. Adoption is clearly permitted in Islam, but issues like changing the family name of the adopted child is not allowed. In addition, adoption does not give the child the right to inherit estate from the adoptive parents, but this does not deprive them the option to write up a third of their wealth for them. There is also beauty in the law, where it does not deprive the adopted child to inherit estate from his or her biological parents, “Those related by blood are more entitled to (inherit from) each other in the Book of Allah” [Quran 8:75]. I also believe that a reformed model of Islam adoptions will empower Muslims to fulfill their religious duties and obligations without allowing formal laws that no longer serve the meaning and purpose hidden behind it and will also help them not fall through its technical cracks.”