👪 Adoption in Islam: Juristic Views and Cultural Practices

Analyze the Islamic perspective on adoption, exploring traditional juristic mandates, Qur'anic injunctions, and contemporary practices within Muslim communities.

Adoption in Islam: Juristic Views and Cultural Practices 🌍

Definition and Meaning
In Islamic jurisprudence, formal adoption known as “at-tabanni” is forbidden. Qur’anic injunctions (Quran 33:4-5) state that adopted children should retain their biological father’s name, ensuring knowledge of their origins and paternal lineage. Legally adopted children in Islamic law each cannot inherit from their adopters. Nonetheless, there exists “kafala” which translates to “caretaking” or “sponsorship,” a form of guardianship where one provides care for the child without altering their original lineage.

Etymology and Background
The term “adoption” originates from the Latin word “adoptio,” standing for the act of choosing or formally taking into one’s family. The Arabic term for adoption is “تبني” (tabanni). Islamic narratives emphasize maintaining the lineage, familial ties, and identity of children.

Historical Facts and Dates
The prohibition of adoption as practiced in pre-Islamic Arabia was set in place by the revelation in the 7th century during the Prophethood of Muhammad. Notably, the incident involving Zaid ibn Harithah, an adopted son of Prophet Muhammad, serves as a critical reference. Zaid originally bore the Prophet’s name until the aforementioned Qur’anic verses were revealed.

Cultural Differences and Similarities
While formal adoption is disallowed, Islamic culture significantly emphasizes the importance of aiding orphans and children, reflected in structures like orphanages, community support systems, and charitable acts. This act transcends cultures within the Muslim world but varies between countries.

Synonyms

  • Kafala (sponsorship)
  • Himaa (protection)

Antonyms

  • Abandonment
  • Neglect

Related Terms

  • Kafala: A fiduciary relationship wherein a person cares for an orphan without giving them a new identity or lineage, but ensures their well-being.
  • Wali: A guardian responsible for the child’s welfare.

Exciting Facts

  1. Prophet Muhammad (PBUH) fostered a great affinity towards orphans, often recalling his own past as an orphan.
  2. The celebrated love for Zaid ibn Harithah underscores Islam’s respect and care for individuals irrespective of biological bonds.

Quotations from Notable Writers
“Allah loves those who take care of orphans and vulnerable children.” - Ibn Qayyim Al-Jawziyya

References

  • Holy Qur’an (33:4–5)
  • Al-Muwatta by Imam Malik
  • Sahih Al-Bukhari

Suggested Literature for Further Reading

  • “Guardianship (kafala) and Adoption in Islamic Public Policy” by Javeed A. Siddiqui
  • “Children’s Rights in the Context of Islamic Law” by Abdullahi Ahmed An-Na’im

Quizzes 🎓

### What does the term "at-tabanni" refer to in Islamic jurisprudence? - [x] A form of adoption prohibited by Islamic law. - [ ] Child fostering. - [ ] Legal guardianship. - [ ] Charitable giving to orphans. > **Explanation:** "At-tabanni" denotes formal adoption which is forbidden under Islamic law according to Qur'anic injunctions. ### What is the principal requirement for a child under "kafala"? - [x] The child retains their original name and lineage. - [ ] The child inherits from the kahil. - [ ] The child becomes a family member with full legal rights. - [ ] The child becomes a financial heir. > **Explanation:** Under "kafala," the child's original lineage and name are preserved, upholding their identity. ### Which companion’s example did the Prophet Muhammad (PBUH) clarify regarding the prohibition of formal adoption? - [x] Zaid ibn Harithah - [ ] Abu Bakr - [ ] Umar ibn Al Khattab - [ ] Bilal ibn Rabah > **Explanation:** Zaid ibn Harithah, initially adopting the Prophet's name but later having it changed back, serves as a key example. ### When were the verses about the prohibition of formal adoption revealed? - [x] 7th Century - [ ] 6th Century - [ ] 8th Century - [ ] 10th Century > **Explanation:** The verses were revealed in the 7th century during the Prophethood of Muhammad. ### What is one significant difference in the application of Kafala across different Islamic communities? - [x] The financial support structure and legal regulations vary. - [ ] The faith with which children are raised. - [ ] The prohibition of becoming a guardian. - [ ] The cultural tradition of gift-giving. > **Explanation:** Kafala practices differ especially in financial and legal systems. ### Which verse in the Qur'an explicitly discusses the prohibition of formal adoption? - [x] Quran 33:4-5 - [ ] Quran 2:256 - [ ] Quran 5:64 - [ ] Quran 112:1 > **Explanation:** The relevant revelation concerning adoption policies is at Quran 33:4-5. ### What shape best symbolizes the cultural relationship in 'Kafala?' - [ ] A circle - [x] A lineage tree - [ ] A square - [ ] A line > **Explanation:** The lineage tree symbolizes the African and Arab traditions of maintaining lineal heritage while providing care. ### Who was the prominent Islamic scholar that emphasized the charitable sentiment towards orphans? - [ ] Rumi - [ ] Al-Ghazali - [x] Ibn Qayyim Al-Jawziyya - [ ] Iqbal Ansari > **Explanation:** Ibn Qayyim Al-Jawziyya claims immense respect and care towards orphans within the core elements of Islamic practices.

May you find wisdom and guidance within these texts to serve and lead with informed compassion. 🌸

By Zaynab Al-Mahmood, October 2023.

Saturday, July 6, 2024

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