The concept of adoption in Islam is way different from the concept of adoption from the western perspective. The west views that an adopted child is acknowledged as the parent’s real biological child. This idea, of course, will create a lot of problems in a Muslim family especially when the child becomes an adult (which will be discussed later on). On the other hand, Islamic concept of adoption is generally understood as “taking care of someone else’s children”. Any claims that say an adopted child is regarded as a biological child of the adopted parents cannot be accepted in the Muslim society.
The history of adoption of Islam goes back to the time in the pre-Islamic period of Arabia. During that time, the Prophet used to have a boy slave whose name was Zayd Ibn Harithah. The Prophet loved Zayd so much that he freed him from being a slave, and adopted him.[1] The Prophet even changed the name of Zayd from Zayd Ibn Harithah to Zayd Ibn Muhammad. The problem with this kind of adoption was not seen during that time until it reached to the moment when Zayd married Zaynab bint Jahsy, due to the recommendation made by the Prophet. However, this marriage turned out to be a not happy one, so they finally divorced. The Prophet then decided to marry Zaynab, and so questions arose whether such marriage can be accepted, because Zaynab is the former wife of the Prophet’s ‘son’.[2] Subsequently, Allah revealed:
Allah has not made for any man two hearts in his (one) body: nor has He made your wives whom ye divorce by Zihar your mothers: nor has He made your adopted sons your sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way.[3]
This verse approved the act of the Prophet to marry Zaynab and also at the same time abrogated the custom Arabic tradition of elevating the status of an adopted son to be the same as that of a biological son. The Prophet is the first to disapprove this practice by his act of marrying Zaynab, the former wife of his adopted son.[4]
From this historical evidence, it is understood that Islam allows adoption but this practice has its own limitations. An adopted child in Islam must always be regarded not as a parent’s true child. The child is to be treated like a guest in the house, except with extra care and love, due to the child needs is under the responsibilities of the adopted parents. The family that adopts child must retain the surname of that child for Islam does not allow the surname of an adopted child to be changed to match with the adoptive family.[5]
An adopted child cannot inherit from his adoptive parents; he can only inherit the wealth of his biological parents.[6] Simply saying, the status of an adopted child is just like a stranger in the family by which he is not subjected to any kind of inheritance or family rights in the adoptive family.
The problem of child adoption in a Muslim family arises when the child attains maturity. At this stage, the way of life in the house of the adoptive family will become much more complicated. Consider the case of a grown up adopted son; for example, the adopted mother must cover her aurah in front the adopted son, any woman in the family cannot stay alone with the adopted son, the adopted son must also avoid touching or kissing his adopted mother and many more. That is why it is more liked in Islam that the adoptive family should be from families that have ties with the child (i.e. his cousins), so that the adopted mother of that child will not face problems of social interactions with that child when he reaches puberty. However, it is still compulsory for him to follow Islamic rules when interacting with the daughters of the adoptive parents as marriage between them is lawful.
The best solution to settle all problems regarding child adoption in Islam is to establish a mahram relationship of the adopted child in the family. This can be achieved by means of suckling a child by the adopted mother. Allah says in the Quran:
Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful.[7]
Concerning this verse, the Prophet comments, “Marriage is prohibited between persons having a foster suckling relationship corresponding to blood relationship which renders marriage unlawful.”[8] This statement by the Prophet makes it clear that a suckling relationship is regarded as the same with blood relationship.
Concerning some rules on what renders a mahram relationship to be successfully established between an adopted child and his adopted family, these hadiths explain it:
Narrated by ‘Aisha: That the Prophet entered upon her while a man was sitting with her. Signs of anger seemed to appear on is face as if he disliked that. She said, “Here is my (foster) brother.” He said, “Be sure as to who is your foster brother, for foster suckling relationship is established only when milk is the only food of the child”.[9]
Yahya related to me from Malik from Thawr Ibn Zayd Ad-Dili that Abdullah Ibn Abbas said, “The milk which a child under two years old sucks, even if it is only one suck, makes the foster relatives haram.”[10]
Based on hadiths above, it is understood that the adopted child must be suckled by his adopted mother at the age of below two years of age in order to establish a mahram relationship for him in the adoptive family. If the mahram relationship is established, the term “adopted child” can now preferably mentioned as “foster child”.
To conclude, adoption is allowed in Islam, but its methods of practice are bound to the Shariah. Islam allows an orphan, or a child whose parents are too poor to support him, to be taken care by other families that can ensure a better life for that child. However, the family that should be prioritized to be the adoptive family for that child should be the one that has the closest family relationship with him. Anyway, the best way out to adopt a child is by means of setting up suckling relationship, because, in Islamic point of view, this kind of relationship is considered as equal to blood relationship. Nevertheless, to achieve a suckling relationship between an adopted child and the family he is living with, the adopted child must be suckled by his adopted mother before he reaches the age of two years old.
[1] Hammudah Abdalati, (1999) Islam in Focus, p. 177, Rahmah Publishers: New Delhi , India
[2] Retrieved from http://www.islahicentre.org/qandamessages.asp?messageid=71 on 6th April 2006
[3] Al-Quran, Al-Ahzab : 4
[4] Hammudah Abdalati, op. cit., p. 177
[5] Al-Quran, Al-Ahzab : 5
[6] Retrieved from http://islam.about.com/cs/parenting/a/adoption.htm on 6th April 2006
[7] Al-Quran, An-Nisa’ : 23
[8] Sahih Bukhari, Vol. 7, Book 62. Wedlock, Marriage (Nikaah). Hadith no. 35.
[9] Sahih Bukhari, op. cit., hadith no. 39
[10] Maliks Muwatta, Book 30. Suckling, hadith no. 4
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