Islamic adoptional jurisprudence
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- This is a sub-article to Islamic marital jurisprudence and Adoption.
Islamic regulations regarding adoption are distinct from western practices and customs of adoption.
Adoption (Arabic: kafala) in Islam is not forbidden, but naming an adopted son after his adopted father is not allowed if the child's biological father is known.
Islam also rejects the notion of an adopted child becoming a biological part of the family, hence, the adopted child is counted as a non-Mahram.
This can be sidestepped by having the child suckling the adoptive mother in the first half years of life.
An important fact to keep in mind is that Muhammad himself had adopted a child. Muhammad himself also was once given suck by an adoptive mother during the first two years of his life.
Relevant issues include the marriage between Zayd ibn Harithah's ex-wife and Muhammad, and also the narration involving Aisha's, Abu Hudaifah ibn Utbah and Salim mawla Abu Hudaifa.
Narrated 'Aisha:
- (the wife of the Prophet) Abu Hudhaifa, one of those who fought the battle of Badr, with Allah's Apostle adopted Salim as his son and married his niece Hind bint Al-Wahd bin 'Utba to him' and Salim was a freed slave of an Ansari woman. Allah's Apostle also adopted Zaid as his son. In the Pre-lslamic period of ignorance the custom was that, if one adopted a son, the people would call him by the name of the adopted-father whom he would inherit as well, till Allah revealed: "Call them (adopted sons) By (the names of) their fathers." (33.5) [1]
