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......
05-21-2007, 05:35 PM
I read some where that it is haram to adopt a child...is this true???
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- Qatada -
05-21-2007, 05:42 PM
:salamext:


Islam’s Stance on Adoption


Question:

Dear scholars, could you please furnish me with a fatwa on the Islamic stance on adoption? Your earliest response will be very much appreciated. Jazakum Allahu Khayran!



In the Name of Allah, Most Gracious, Most Merciful.



All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.



Dear sister in Islam, thank you very much for having confidence in us, and we pray to Allah to guide you to have deep understanding of the teachings of Islam.

Adoption in the sense of changing one’s identity and lineage for a false lineage is prohibited in Islam; but at the same time, it is allowed for Muslims to adopt a child in the sense of taking him/her under his/her wing for providing both physical and spiritual care for him/her. The Prophet (peace and blessings be upon him) said, “The best house of Muslims is one where an orphan is cared for.”

Islam's stance on adoption rests on the necessity of keeping the biological parents of the child always in picture. Keeping the original name of the child, and letting him know who are his real parents are some of the conditions stipulated by the Shari`ah when legalizing fostering. The reasons are; in Islam, children have automatic rights to inheritance, they can not marry their Mahrams (unmarriageable persons) and they can marry from their foster family if no suckling took place. The issue of hijab in the house is also given due regard between the non-related sisters and brothers, etc. All these rules have to be taken into consideration in this case.

Shedding light on the issue of adoption, we'd cite for you the following article:

"Before Islam, the Arabs practiced adoption, naming the child after the person adopting him or her, as if the adoptive parents and the child were related by blood.

Islam prohibits adoption but allows Muslims to raise children who are not theirs. Muslims can fully raise these children, look after them, and support them, but the children must be named after their real fathers. It is not a sin if a person is named after the wrong father by mistake.

For some of the same reasons, Islam prohibits any method of conceiving or delivering babies other than the traditional and natural method. Artificial insemination with sperm from a man the woman is not married to, surrogate mothers, the donation of sperm or eggs, and mothers' milk banks are all prohibited. These methods produce illegitimate children.

In a case when the father is not known, as with abandoned babies, the child should still not be named after the person raising him or her. In a case such as this, the children may be called brethren in Islam (Mawali).

Allah Almighty says: “Allah has not assigned unto any man two hearts within his body, nor has He made your wives who you declare (to be your mothers) your mothers, nor has He made those who you claim (to be your children) your children. This is but a saying of your mouths. But Allah says the truth and He shows the way. Proclaim their real parentage. That will be more equitable in the sight of Allah. And if you know not their fathers, then (they are) your brethren in the faith, and your clients. And there is no sin for you in the mistakes that you make unintentionally, but what your hearts purpose (that will be a sin for you). Allah is Forgiving, Merciful.” (Al-Ahzab: 4-5)

In fact, Islam changed other pre-Islamic traditions related to this issue as well. The raised child cannot inherit from the people who raised him/her, and is not forbidden from marrying what used to be called relatives by the bond of adoption.

Before adoption was prohibited, the Arabs had prohibited the man from marrying the divorcee of his adopted son. Islam prohibits a man marrying the divorcee of his son. However, in Islam, a man can marry the divorcee of the man he raised, who is not his son by blood; this is declared explicitly in the Qur'an. People would have felt uncomfortable in practicing this new permission, if Allah had not selected the Prophet (peace and blessings be upon him) to demonstrate its acceptability; it’d be a very heavy duty before people, even for the Prophet (peace and blessings be upon him).

Zayd Ibn Harithah (may Allah be pleased with him) was adopted by the Prophet (peace and blessings be upon him) before Islam prohibited adoption. He used to be called Zayd ibn Muhammad (son of Muhammad) until adoption was prohibited, when he was again called after his real father.

Zayd married Zaynab bint Jahsh, the cousin of the Prophet (peace and blessings be upon him). Later on, he had problems in his relationship with her. Allah Almighty inspired to the heart of the Prophet (peace and blessings be upon him) that she would get divorced and he would marry her, something that was hard for him to face other people with. Whenever Zayd complained to the Prophet (peace and blessings be upon him) that his marriage was going from bad to worse, the Prophet (peace and blessings be upon him) always told him to stay with his wife, which is a postponement of what the Prophet learned was going to happen.

The Prophet (peace and blessings be upon him) would not have tried to postpone such matter had it been explicitly said to him as an order from Allah Almighty or as a revelation from Him. It was only an inspiration to his heart. He never hesitated in applying any command from Allah no matter what the issue was.

Zayd eventually divorced Zaynab, and neither one of them knew what Allah Almighty had inspired His Prophet to do. After the waiting period (`Iddah) of Zaynab was over, the Prophet (peace and blessings be upon him) was told to marry her. He sent Zayd himself to ask Zaynab to marry him. Zaynab said that she would not take such a step without a revelation from Allah Almighty. When she went to the Mosque the verses that commanded the Prophet (peace and blessings be upon him) to marry her were revealed, and she married the Prophet.

Allah Almighty says : “And when you said unto him on whom Allah has conferred favor and you have conferred favor: Keep your wife to yourself, and fear Allah. And you did hide in your mind that which Allah was to bring to light, and you did fear people whereas Allah had a better right that you should fear Him. So when Zayd had performed the necessary formality (of divorce) from her, We gave her unto you in marriage, so that (henceforth) there may be no sin for believers in respect of wives of those they raised, when the latter have performed the necessary formality (of release) from them. The commandment of Allah must be fulfilled. There is no reproach for the Prophet in that which Allah makes his due. That was Allah's way with those who passed away of old - and the commandment of Allah is certain destiny. Who delivered the messages of Allah and feared Him, and feared none save Allah. Allah keeps good account. Muhammad is not the father of any man among you, but he is the Messenger and the Seal of the Prophets; and Allah is Aware of all things.” (Al-Ahzab: 37-40)

The unbelievers and the hypocrites used this event to attack the Prophet (peace and blessings be upon him) and Islam, saying that the Prophet married the divorcee of his son. Even today, this incident is used by the unbelievers to misinform people about Islam and Muhammad (peace and blessings be upon him). These people do not realize the importance of the rule introduced by Islam through this incident. For them adoption is acceptable, and so they find these revelations difficult to grasp or accept.

Adoption is widely practiced in many non-Muslim western societies. Babies are taken from their parents and named after those adopting them. The children grow up having no idea who their real parents are. In a mobile society like the U.S.A. for example, an adopted boy may end up marrying his sister from his original parents without knowing that she is his sister. These cases have actually happened.

This harmful consequence is one of the reasons that Islam places such importance on the use of the child's real name. A person's name is important in Islam because many social rules like marriage, inheritance, custody, provision, and punishment, are contingent upon the blood relationship. This is a reason for women to retain their own names after marriage as well.

Adoption in non-Muslim societies is practiced for many reasons. Non-Muslim societies have many illegitimate babies as a result of extramarital sexual relationships. Very young mothers of these babies do not keep them because they cannot support them and devote time to raising them. So these young women give the children to other parents who have no children, or abandon them in the streets where people can pick them up. Worse than that, some of these babies are killed, put in trash bags, and then thrown in garbage cans.

In other cases, these children are sold to parents who cannot have children. Another reason for adoption in these non-Muslim societies is that many women do not like or want to get pregnant, for fear of ruining their beauty.

Many of these people claim that adoption is a humane service. They do not realize that Islam preserves the humane part of this practice by allowing people to raise children that are not theirs, while it prevents the negative consequences of adoption which can harm society by calling the child after the adoptive parents."

Excerpted, with slight modifications, from: http://www.stanford.edu/group/ISSU/I...n/hussein.html

May Allah guide you to the straight path and direct you to that which pleases Him, Ameen.


You can also read:



Giving an Adopted Child a Share of One’s Property



Refuting Claims Regarding the Prophet’s Marriage to Zaynab Bint Jahsh


And Allaah knows best.


SOURCE
Reply

......
05-21-2007, 05:58 PM
format_quote Originally Posted by Fi_Sabilillah
:salamext:


Islam’s Stance on Adoption


Question:

Dear scholars, could you please furnish me with a fatwa on the Islamic stance on adoption? Your earliest response will be very much appreciated. Jazakum Allahu Khayran!



In the Name of Allah, Most Gracious, Most Merciful.



All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.



Dear sister in Islam, thank you very much for having confidence in us, and we pray to Allah to guide you to have deep understanding of the teachings of Islam.

Adoption in the sense of changing one’s identity and lineage for a false lineage is prohibited in Islam; but at the same time, it is allowed for Muslims to adopt a child in the sense of taking him/her under his/her wing for providing both physical and spiritual care for him/her. The Prophet (peace and blessings be upon him) said, “The best house of Muslims is one where an orphan is cared for.”

Islam's stance on adoption rests on the necessity of keeping the biological parents of the child always in picture. Keeping the original name of the child, and letting him know who are his real parents are some of the conditions stipulated by the Shari`ah when legalizing fostering. The reasons are; in Islam, children have automatic rights to inheritance, they can not marry their Mahrams (unmarriageable persons) and they can marry from their foster family if no suckling took place. The issue of hijab in the house is also given due regard between the non-related sisters and brothers, etc. All these rules have to be taken into consideration in this case.

Shedding light on the issue of adoption, we'd cite for you the following article:

"Before Islam, the Arabs practiced adoption, naming the child after the person adopting him or her, as if the adoptive parents and the child were related by blood.

Islam prohibits adoption but allows Muslims to raise children who are not theirs. Muslims can fully raise these children, look after them, and support them, but the children must be named after their real fathers. It is not a sin if a person is named after the wrong father by mistake.

For some of the same reasons, Islam prohibits any method of conceiving or delivering babies other than the traditional and natural method. Artificial insemination with sperm from a man the woman is not married to, surrogate mothers, the donation of sperm or eggs, and mothers' milk banks are all prohibited. These methods produce illegitimate children.

In a case when the father is not known, as with abandoned babies, the child should still not be named after the person raising him or her. In a case such as this, the children may be called brethren in Islam (Mawali).

Allah Almighty says: “Allah has not assigned unto any man two hearts within his body, nor has He made your wives who you declare (to be your mothers) your mothers, nor has He made those who you claim (to be your children) your children. This is but a saying of your mouths. But Allah says the truth and He shows the way. Proclaim their real parentage. That will be more equitable in the sight of Allah. And if you know not their fathers, then (they are) your brethren in the faith, and your clients. And there is no sin for you in the mistakes that you make unintentionally, but what your hearts purpose (that will be a sin for you). Allah is Forgiving, Merciful.” (Al-Ahzab: 4-5)

In fact, Islam changed other pre-Islamic traditions related to this issue as well. The raised child cannot inherit from the people who raised him/her, and is not forbidden from marrying what used to be called relatives by the bond of adoption.

Before adoption was prohibited, the Arabs had prohibited the man from marrying the divorcee of his adopted son. Islam prohibits a man marrying the divorcee of his son. However, in Islam, a man can marry the divorcee of the man he raised, who is not his son by blood; this is declared explicitly in the Qur'an. People would have felt uncomfortable in practicing this new permission, if Allah had not selected the Prophet (peace and blessings be upon him) to demonstrate its acceptability; it’d be a very heavy duty before people, even for the Prophet (peace and blessings be upon him).

Zayd Ibn Harithah (may Allah be pleased with him) was adopted by the Prophet (peace and blessings be upon him) before Islam prohibited adoption. He used to be called Zayd ibn Muhammad (son of Muhammad) until adoption was prohibited, when he was again called after his real father.

Zayd married Zaynab bint Jahsh, the cousin of the Prophet (peace and blessings be upon him). Later on, he had problems in his relationship with her. Allah Almighty inspired to the heart of the Prophet (peace and blessings be upon him) that she would get divorced and he would marry her, something that was hard for him to face other people with. Whenever Zayd complained to the Prophet (peace and blessings be upon him) that his marriage was going from bad to worse, the Prophet (peace and blessings be upon him) always told him to stay with his wife, which is a postponement of what the Prophet learned was going to happen.

The Prophet (peace and blessings be upon him) would not have tried to postpone such matter had it been explicitly said to him as an order from Allah Almighty or as a revelation from Him. It was only an inspiration to his heart. He never hesitated in applying any command from Allah no matter what the issue was.

Zayd eventually divorced Zaynab, and neither one of them knew what Allah Almighty had inspired His Prophet to do. After the waiting period (`Iddah) of Zaynab was over, the Prophet (peace and blessings be upon him) was told to marry her. He sent Zayd himself to ask Zaynab to marry him. Zaynab said that she would not take such a step without a revelation from Allah Almighty. When she went to the Mosque the verses that commanded the Prophet (peace and blessings be upon him) to marry her were revealed, and she married the Prophet.

Allah Almighty says : “And when you said unto him on whom Allah has conferred favor and you have conferred favor: Keep your wife to yourself, and fear Allah. And you did hide in your mind that which Allah was to bring to light, and you did fear people whereas Allah had a better right that you should fear Him. So when Zayd had performed the necessary formality (of divorce) from her, We gave her unto you in marriage, so that (henceforth) there may be no sin for believers in respect of wives of those they raised, when the latter have performed the necessary formality (of release) from them. The commandment of Allah must be fulfilled. There is no reproach for the Prophet in that which Allah makes his due. That was Allah's way with those who passed away of old - and the commandment of Allah is certain destiny. Who delivered the messages of Allah and feared Him, and feared none save Allah. Allah keeps good account. Muhammad is not the father of any man among you, but he is the Messenger and the Seal of the Prophets; and Allah is Aware of all things.” (Al-Ahzab: 37-40)

The unbelievers and the hypocrites used this event to attack the Prophet (peace and blessings be upon him) and Islam, saying that the Prophet married the divorcee of his son. Even today, this incident is used by the unbelievers to misinform people about Islam and Muhammad (peace and blessings be upon him). These people do not realize the importance of the rule introduced by Islam through this incident. For them adoption is acceptable, and so they find these revelations difficult to grasp or accept.

Adoption is widely practiced in many non-Muslim western societies. Babies are taken from their parents and named after those adopting them. The children grow up having no idea who their real parents are. In a mobile society like the U.S.A. for example, an adopted boy may end up marrying his sister from his original parents without knowing that she is his sister. These cases have actually happened.

This harmful consequence is one of the reasons that Islam places such importance on the use of the child's real name. A person's name is important in Islam because many social rules like marriage, inheritance, custody, provision, and punishment, are contingent upon the blood relationship. This is a reason for women to retain their own names after marriage as well.

Adoption in non-Muslim societies is practiced for many reasons. Non-Muslim societies have many illegitimate babies as a result of extramarital sexual relationships. Very young mothers of these babies do not keep them because they cannot support them and devote time to raising them. So these young women give the children to other parents who have no children, or abandon them in the streets where people can pick them up. Worse than that, some of these babies are killed, put in trash bags, and then thrown in garbage cans.

In other cases, these children are sold to parents who cannot have children. Another reason for adoption in these non-Muslim societies is that many women do not like or want to get pregnant, for fear of ruining their beauty.

Many of these people claim that adoption is a humane service. They do not realize that Islam preserves the humane part of this practice by allowing people to raise children that are not theirs, while it prevents the negative consequences of adoption which can harm society by calling the child after the adoptive parents."

Excerpted, with slight modifications, from: http://www.stanford.edu/group/ISSU/I...n/hussein.html

May Allah guide you to the straight path and direct you to that which pleases Him, Ameen.


You can also read:



Giving an Adopted Child a Share of One’s Property



Refuting Claims Regarding the Prophet’s Marriage to Zaynab Bint Jahsh


And Allaah knows best.


SOURCE
I just wanted a simple yes/no............its too much to read.......

So is the answer Yes its haram or No its Halal?
Reply

Ra`eesah
05-21-2007, 06:08 PM
Assalamu'Alaykum

There is no simple answer in some conditions it is Haram and others it is allowed under certain situations. Its good to read, you will know and understand why, instead of just blindly following as a heard of cattle to which ever direction you are being told to go.

When you ask Questions here on LI, you will get the answer through authentic source. We do not say halal and Haram with out proof.

Barakallaahfeek br. Fisabillillaah
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786rani
05-21-2007, 06:10 PM
Fi-sabillalah is trying to make u understand. i'm sorry 2 say but he is not as simple as u...
rani
Reply

England
05-21-2007, 06:21 PM
Why should it be haram to care for a child that has no home? Surely God would be happy with the fact that people are taking unwanted children into care. Children are put up for an adoption for a reason.
Reply

- Qatada -
05-21-2007, 06:24 PM
England, islaam is the religion which supports the orphans the most from all religions.

The orphans been mentioned sooooo many times in the Qur'an,


"And they feed, for the love of Allah, the poor, the orphan, and the captive..." [Qur'an Soorah al-Insaan, 8]


The Messenger of Allah said, what translated means, "Would you like that your heart becomes soft and that you acquire what you need? Be merciful with the orphan, pat his head and feed him from what you eat. This will soften your heart, and enable you to get what you need." [At-Tabaraanee & As-Silsilah as-Saheehah]

"Whoever removes a worldly grief from a believer, Allah will remove from him one of the griefs of the Day of Judgment" [Saheeh Muslim]


"I and the caretaker of the orphan will enter Paradise together like this, raising (by way of illustration) his forefinger and middle finger jointly, leaving no space in between." [Saheeh al-Bukhaari]



However, we do not change the orphans surname. Since that is falsely attributing something to the child. Rather we lookafter them with their own real fathers name, if not that - we treat them as a brother or sister in faith. That's a sign of honor for them and they don't lose their identity.


And Allaah knows best.



Peace.

Reply

جوري
05-21-2007, 06:30 PM
There is matters of inheritance and identity of the child to consider, you can skim over all of that if you knew the difference between (takafol) and (tabbani), one is Halal and the other is Haram, hence bro Fi has gone through the painstaking task to write all of this.
You should always consider eveything, being a Muslim, is being wise not making impulse decisions and screwing everyone along with you. You can financially, and emotionally sponsor a child, and many of us do ( you can find a child to sponsor through your local mosque)--however he/she has to keep their name. You aren't allowed to hijack their idenitity....
Pls forgive me for being cheeky, but to post a question, I assume one is seeking the proper ruling on the matter?-- otherwise, what is the point? just do as you please then if it is tedious to read. Personally, I'd be thankful if someone took the time to respond to my queries.
:w:
Reply

......
05-21-2007, 06:35 PM
format_quote Originally Posted by England
Why should it be haram to care for a child that has no home? Surely God would be happy with the fact that people are taking unwanted children into care. Children are put up for an adoption for a reason.
^^^ thats what i'm saying


But I read somewhere something like its haram to adopt

or summin like


It is haram to call the child your son or daugther...
Reply

- Qatada -
05-21-2007, 06:40 PM
listen mate, have you read the replies? i gave an even shorter one yet you still couldn't be bothered?


I've given you the answer and now it's upto you if you want to read it or not.



Peace.
Reply

HBot 5000
05-21-2007, 06:41 PM
Adoption is of two types – forbidden and prescribed

Question:
If a person asks to adopt a child from the orphanage, is it permitted for those in charge to give him what he wants?

Answer:

Praise be to Allaah.

Adoption of children is of two types, forbidden and not forbidden.

The forbidden type means adopting a child in the sense that the child is considered to be the child of the adopting parent and subject to the rulings on children. This is not permitted. Allaah nullified it in the Qur’aan when He said (interpretation of the meaning):

“…nor has He made your adopted sons your real sons…”

[al-Ahzaab 33:4]

The kind which is prescribed and may be mustahabb means being kind towards the child and giving him a righteous religious upbringing and sound direction, teaching him that which will benefit him in this world and the next. But it is not permitted to hand a child over except to one who is known to be trustworthy, religiously-committed and of good character, who will take care of the child’s interests. He should also be a local resident, so that he will not take the child away to a country where his presence may be a cause for his religious commitment being lost in the future. If these conditions are met in the case of both the child and the adopting parent, then it is OK to hand over a foundling whose parentage is not known. May Allaah preserve you

http://www.islamqa.com/index.php?ref...g&txt=adoption
Reply

......
05-21-2007, 06:43 PM
format_quote Originally Posted by HBot 5000
Adoption is of two types – forbidden and prescribed

Question:
If a person asks to adopt a child from the orphanage, is it permitted for those in charge to give him what he wants?

Answer:

Praise be to Allaah.

Adoption of children is of two types, forbidden and not forbidden.

The forbidden type means adopting a child in the sense that the child is considered to be the child of the adopting parent and subject to the rulings on children. This is not permitted. Allaah nullified it in the Qur’aan when He said (interpretation of the meaning):

“…nor has He made your adopted sons your real sons…”

[al-Ahzaab 33:4]

The kind which is prescribed and may be mustahabb means being kind towards the child and giving him a righteous religious upbringing and sound direction, teaching him that which will benefit him in this world and the next. But it is not permitted to hand a child over except to one who is known to be trustworthy, religiously-committed and of good character, who will take care of the child’s interests. He should also be a local resident, so that he will not take the child away to a country where his presence may be a cause for his religious commitment being lost in the future. If these conditions are met in the case of both the child and the adopting parent, then it is OK to hand over a foundling whose parentage is not known. May Allaah preserve you

http://www.islamqa.com/index.php?ref...g&txt=adoption
I think you had what I was looking for...
Reply

NoName55
05-21-2007, 06:51 PM
format_quote Originally Posted by ......
I just wanted a simple yes/no............its too much to read.......

So is the answer Yes its haram or No its Halal?
Yes to fostering/ No to Adoption for reason of inheritence of Surname (as well as wealth which goes to close blood relatives in absense of any issue/off spring)
Reply

Kittygyal
05-21-2007, 08:45 PM
format_quote Originally Posted by ......
I think you had what I was looking for...
Hey.
Show some respect pal, brother Fis... did you a big favour by hunting for YOU for some information but you just threw it back in his face in that case don't bother asking anymore questions because we can't be bothered reading. Simple eh? how you feel now?! i bet you feel like this>>>:raging: well in that case carry on blud i aint bothered doesn't harm me but what really gets to me is being soo disobedience and having no sympathy for brother Fis...!

anywho what brother H... posted how come that is what you was looking for, can you be bothered reading that? OR did you even read it? OR you just said 'ya thats what i was looking for' just for fun of it!

Have some respect next time when people help ya, when you ask questions people are bound to give loads of information to back up there point.
It would be nice if you apolgised to brother Fis.. and showed some desentiy next time.

Take care
Reply

NoName55
05-21-2007, 08:53 PM
^ I dont beleive it to be a genuine query! Just some troublemaker whose every thread should,at the very least be locked as soon as it is answered by a Moderator like Br. fisabilillah (if not completetely banned) wa-salam
Reply

Kittygyal
05-21-2007, 08:55 PM
format_quote Originally Posted by NoName55
^ I dont beleive it to be a genuine query! Just some troublemaker whose every thread should,at the very least be locked as soon as it is answered by a Moderator like Br. fisabilillah (if not completetely banned) wa-salam
Salamualikum.
Are you pointing that to me?.
anywho all i can say is may allah subhwnatallah lead this guy/gyal to the right path amin. Allah knows best
Ma'assalama
Reply

- Qatada -
05-21-2007, 09:00 PM
:salamext:


So long as we do the work for the sake of Allaah, then it's all good insha Allaah. :)


Thread Closed.
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