Islamic Perspectives on Adoption

Abstract In Islamic law, the topic of adoption is complex and contentious. While many practicing Muslims believe that traditional adoption, as commonly practiced in the West, is prohibited (haram), they also consider caring for orphans and abandoned children as a religious duty. The classical consensus among Sunni jurists is that adoption, known as al-tabanni, is not allowed. Al-tabanni refers to a practice where a child is made the legal child of the adoptive parents, with all rights and responsibilities, while the biological parents lose their rights. This prohibition is derived from the Qur'an and Prophetic traditions, as scholars interpret the primary sources to reject the idea of non-biological parents becoming legal parents with equal rights. Medieval scholars saw al-tabanni as divinely prohibited due to its potential drawbacks, although it might have served as a means of caring for orphans and foundlings in the past. To address the needs of orphans and abandoned children without resorting to al-tabanni, Islamic jurists devised alternative practices. These alternatives included raadah (establishing milk bonds through suckling), istilhaq (acknowledging paternity, genuine or fraudulent), and kafala (sponsorship or legal fostering). These mechanisms allowed for the care of vulnerable children while adhering to the prohibition of al-tabanni. The chapter delves into the reasoning behind the adoption prohibition, the significance of caring for orphans and foundlings, the alternative practices proposed by Islamic jurists, and an assessment of their strengths and weaknesses. By exploring these aspects, a deeper understanding of the complex dynamics surrounding adoption in Islam is achieved.