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. Contrary to what happens in the western world, a child does not formally leave his or her biological family (if known) to enter the one that raises them. While raising someone's else child is allowed and even encouraged in case of an orphan, the child does not become a child of the new parents. This form of adoption where children retain membership to their original family is called, in Arabic: kafala. This implies for example that the new father cannot name the son after him, and that the child is counted as a non-Mahram.[1] This can be sidestepped by having the child suckling the adoptive mother in the first two years of life.[2]
The narration involving Aisha's, Abu Hudaifah ibn Utbah and Salim mawla Abu Hudaifa says:
- 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) [3]
An important fact to keep in mind is that Muhammad himself had adopted a child, Muhammad himself was fed 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.
