Outlining the Islamic beliefs of fostering and adoptions. This guide also explains the fundamental differences between Islamic adoption law, and regulations of the West.

1. FOSTERING & ADOPTION
THE ISLAMIC PERSPECTIVE
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2. A guide outlining the Islamic beliefs of fostering
and adoption.
Simple explanations about the differences
between Islamic adoption law, and the
regulations of the West.
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3. The Need for Muslim Foster Carers
and Adoptive Parents
Sometimes described as ‘the forgotten sunnah’, taking vulnerable children into
care, is something that the Muslim community may need to do more of.
In the UK, an organisation called ‘MyFosterChild’ estimates that the number
of Muslim children in care is around 3,000 to 5,000, and it is becoming
increasingly difficult to find good Muslim families for them.
Sunnah: Good deeds that are recorded to have been practised by the
Prophet Muhammed (pbuh). Muslims are expected to follow his example.
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4. Islam Encourages Supporting Those
Who are Vulnerable
Islam fully supports the concept of helping orphans and the poor. Muslims
believe to have a duty of care and responsibility towards the next generation.
It is the ‘Ummah’s’ (the Muslim community’s) duty to teach children the
Islamic way of life- this includes orphans. Islam also emphasises upon the
rights of an orphaned child:
‘Those who swallow the property of the orphans unjustly, are actually
devouring fire into their bellies, and they shall enter the burning fire.’ (4:10)
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5. The Prophet Muhammed (pbuh)
Muslims are taught to have extreme love for the Prophet Muhammed (pbuh),
and follow his ways as an example.
The Prophet (pbuh) himself, was an orphan. His father died before birth, and
his mother passed away when he was six years old.
Following the death of his grandfather two years later, Abd al Muttalib,
Muhammed (pbuh) was then raised by his uncle- Abu Talib, who raised him as
if he was his own son, and continued to protect him throughout his adult life.
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6. LEGAL CONSEQUENCES: Islamic Law and
the Western System
The fundamental difference between Islamic law and the Western system takes play in
adoption, in particular.
In the Western system, the adopted child is expected to carry the family name of the
adoptive parent- this is something that Islam does not accept.
“Nor has He (Allâh) made your adopted sons your sons. Such is (only) your
(manner of) speech by your mouths. But God tells the truth, and He shows the
way. Call them by (the names of) their fathers, that is better in the sight of
God”. (33:5)
As the Qur'ân says, calling adopted children by the names of their adoptive fathers is
contrary to “the truth,” and therefore, they must be called by the name of
their real fathers.
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THE ‘RELATIONSHIP’: From an Islamic
Viewpoint
Whether it is fostering or adoption, the Qur'an strictly reinforces that the relationship
between a child and their biological parents never changes. In the same way, the
relationship between a child and their foster/ adoptive parents never becomes ‘real’.
In a foster or adoptive family, the child is still perceived as a ‘non-mahram’ (a
marriageable person) meaning that certain Islamic rules are still implied.
For example; the rule of the ‘hijab’ (covering of the female) would still need to be
observed. An adopted daughter would need to wear the hijab in the presence of her
adoptive father and brothers, and an adoptive mother would need to wear the hijab
in the presence of her adopted son.
From a fostering point of view, this is why Muslim families often ask to have their
foster children up until they have reached puberty (where these rules are
not required to be adhered to).

8. Creating a ‘Mahramiyyat’
A mahramiyyat is whereby an adopted child becomes ‘mahram’ to the family
(a marriageable kin).
This happens when the child is below two years of age and is breast-fed
directly by the adoptive mother for at least one day, and one night.
However, in the case of inheritance, the child still has no right in the estate of
the adoptive parents. Although the parents are permitted to write up, up to
one third of their estate for them.
Whether the child has met their biological parents or not, from an Islamic
viewpoint, they will always have a right to inherit from their estate.
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9. To Summarise
• Adoption and fostering is permitted and encouraged in Islam
• Changing the family name of an adopted child, is not allowed.
• The child remains ‘non-mahram’ to the adoptive/ fostering family,
unless nursed by the mother, whilst they are under the age of two.
• An adopted child does not have a right to inherit the estate of the
adoptive parents, nor does it deprive them from inhering the estate of
their biological parents.
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10. Everything starts with a conversation, so let’s talk:
Safaraz Ali
Linkedin: https://uk.linkedin.com/in/safaraz
Twitter Handle: @SafarazAli
Tel: 0121 707 0550
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