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Should Adoption Be Legalized Islamically Why
11
November
2022

We finally met all the requirements of the application and our file was sent to South Africa. While we were looking forward to a game, we started preparing our family and friends for our adoption. Fortunately, our loved ones were very supportive and were just as excited as we were to welcome a new addition to the family. In their enthusiasm, they spread the word to their own friends. But this does not mean that Islam discourages adoptions, nor does it make them more difficult. The aim is to protect the rights and interests of the child in need of care and care. It is necessary to emphasize that the hijab should not be seen as an obstacle to the adoption of an orphan or poor child. Muslim women are expected to wear decent clothing at all times; So you just have to put on the scarf. The reason and importance of discouraging traditional adoption practices is to protect the values and role of kinship in Islam.

Islam attaches great importance to family ties and consanguinities and to the role of family structure. However, Islam establishes some basic rules when it comes to adoption. The Islamic concept of adoption is not like traditional adoptions that are practiced and legalized. It is this part of the adoption process that Islam does not accept. In pre-Islamic Arabia, the adoption system was similar to what we see today in the West: the child even takes the surname of the adoptive father. When Islam came, it categorically rejected this procedure. On the other hand, the rules that apply between unrelated persons are still valid. For example, adoption would not create mahramiyyat between the child and the new family – an adopted girl must observe the hijab in the presence of her adoptive father and brothers; Similarly, the mother and sisters must observe the hijab in the presence of the adopted son; The adopted child may even marry the child of the adoptive parents. In Islam, inheritance law is based on the relationship between the womb: there are also many verses in the Qur`an describing the spiritual benefits of caring for the orphan, as well as prophetic words that exalt those who care for orphans.

In one story, the Prophet says that whoever cares for an orphan will be side by side with him in Paradise. These religious teachings have led to a long history of Muslims striving to care for children in need through care, adoption or financial support. Islam also states that every child should have a legal relationship with his or her biological family and that adoptive families should not claim the child as part of their ancestry, either through explicit statements or by naming the child after the adoptive father. The doctrine of regression is applicable in Hindu adoption when it is common knowledge that an adopted son acquires all the rights of a son and that these rights relate to the date of the death of the adoptive father. 1. establish_ safeguards to ensure that intercountry adoptions are carried out in the best interests of the child and in accordance with his or her fundamental rights recognised by international law; During our PRIDE training, we met many families who were at different stages of their adoption journey. It was great to finally be able to connect with people who had experienced or were experiencing many of the same feelings and challenges as us. If we look at the issue of adoption from an Islamic perspective, we must separate two things: first, the concept of helping orphans and poor children; Secondly, the impact of this aid. The practical implications from this point of view are, on the one hand, that all the rules that apply between blood relatives are still valid: for example, the child will always be Mahram; that is, an adopted child cannot marry his or her real siblings; he or she may also be inherited from the real parents; And there is no need for a hijab between the child and his real family.

(With the adoption system in the West, it is quite possible for a person to end up marrying their siblings!) However, when we discuss the legal implications and consequences of adoption, we find some differences between Islam and the current system in the West. Adoption is allowed in Islam, but the terminology differs from how the Western world understands adoption. Their faith encourages them to welcome, raise and love orphans. But even if the child is adopted at birth, he must not take the surname of the parents. At the age of puberty, the customs of modesty required of men and women before foreigners must take place in the country of adoption; And marriage between adoptive and adoptive family members is perfectly acceptable. Islamic views on adoption generally differ from adoption practices and customs in other non-Muslim parts of the world, such as Western or East Asian societies. Legal adoption is prohibited and is not recognized in Islam. [1] [2]. There is now a discussion about the possibility of rethinking some of the rules for Islamic adoptions. A groundbreaking study was conducted by the Muslim Women`s Shura Council[5] in August 2011 entitled “Adoption and Care of Orphaned Children: Islam and the Best Interests of the Child”. [6] This report examined Islamic sources and concluded that “adoption may be acceptable under Islamic law and its main purposes, as long as important ethical guidelines are followed.” The study represents a form of independent reasoning (ijtihad) and can create some awareness and contribute to the formation of a future consensus (ijma) on this topic.

[7] The Islamic practice of foster care and guardianship aims to make the adoption process less confusing and complicated and to avoid unnecessary cracks. It gives priority to the rights and interests of the child instead of responding to the wishes of childless parents. It aims above all at a holistic level in order to strengthen the family structure and make it sustainable and independent.

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