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The Prohibition of Legal Adoption
Just as it is haram for a man to deny his paternity of a child born to his wife in wedlock, it is likewise haram
for him to legally adopt a son of whom he is not the natural father. Like peoples of other societies during the
course of history, the Arabs of jahiliyyah used to add anyone they wished to their lineage and family through
adoption. A man would adopt (tabanna, “to make one’s son“) any boy of his liking as son (mutabanna),
announce the fact to the public, and the boy would become like a son to him, sharing the responsibilities and
rights of his adopted family and taking its name. The adoption was effective despite the fact that the adopted
son might have a known father and come from a known lineage.
This practice was widespread in Arab society at the advent of Islâm. Before receiving the call to
prophethood, the Prophet (s.a.w.s.) had himself adopted Zaid bin Harithah, who had been captured as a
child during one of the raids on his tribe which were common occurrences during the period of jahiliyyah.
Hakim bin Hizam had bought him for his aunt Khadijah, and after her marriage to the Prophet (s.a.w.s.)
Khadijah presented Zaid to him. When Zaid’s father and uncle learned his place of residence, they came to
the Prophet (s.a.w.s.) to demand Zaid’s return. The Prophet (s.a.w.s.) gave Zaid a choice, and he chose to
stay with the Prophet (s.a.w.s.) in preference to his father and uncle. The Prophet (s.a.w.s.) then set him free
and adopted him as his son in the presence of others. He was thereafter called Zaid ibn Muhammad and
became the first of the freed slaves to accept Islâm.
Now what is the judgement of Islâm concerning such a system of adoption? Islâm rightly views this sort of
adoption as a falsification of the natural order and of reality. Taking a stranger into the family as one of its
members; and allowing him privacy with women who are not his muharrmat, nor he theirs, is a deception, for
the man’s wife is not the adopted son’s mother, nor is his daughter the boy’s sister nor is his sister his aunt,
since all of them are non-mahrem to him. Moreover, the adopted son acquires a claim on the inheritance of
the man and his wife, depriving the rightful, deserving relatives of their inheritance. Such a situation arouses
the anger of the real relatives against the intruder who encroaches upon them and usurps their rights,
depriving them of their full inheritance. (Since the Islâmic Shari‘ah specifies the share of an individual’s
property to which each near blood relative is entitled, the legal adoption of a child who is not among such
relatives, but who, by virtue of adoption, is one of the heirs would naturally create bitterness and hostility
among the rightful heirs. (Trans.)) Frequently such anger leads to quarrels and to the breaking of relations
among relatives. That is why the Qur‘ân abolished this jahili system, prohibiting it totally and eradicating all
its consequences. Says Allâh Ta‘ala:...Nor has He made your adopted sons your (real) sons; that is simply a
saying of your mouths. But Allâh speaks the truth, and He guides you to the (right way). Call them by (the
names of) their fathers; that is more just in the sight of Allâh. But if you do not know their fathers, they are
your brothers-in-faith and your wards....(33:4-5)
Let us ponder the Qur‘ânic words, “He has not made your adopted sons your (real) sons; that is simply a
saying of your mouths.” This signifies that the declaration of adoption consists of words having no
corresponding objective reality. A mere pronouncement does not change realities, alter facts, or make a
stranger a relative, or an adopted individual a son. A mere verbal expression or figure of speech cannot
make the blood of a man run in the veins of the adopted son, produce feelings of fatherly affection in the
man’s heart or filial emotions in the heart of the boy, or transfer either the genetic characteristics or physical,
mental, or psychological traits.
Islâm abolished all the effects of this system of adoption which relate to inheritance and to prohibition of
marriage to the widowed or divorced wife of the adopted son. In matters of inheritance, the Qur‘ân does not
recognize any claim except those based on relationship through blood and marriage:...But blood relatives
are nearer to each other in the ordinance of Allâh....(8:75) With regard to marriage, The Qur‘ân declared
that only the wives of one’s real sons, “the wives of your sons who are from your (own) loins” (4:23), not the
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wives of the adopted sons, are permanently forbidden in marriage. Accordingly, it is permissible for a man to
marry the divorced wife of his adopted son, since she has been, in actuality, the wife of a “stranger” not
related by blood.
A Practical Example of the Abolition of Legal Adoption
The practice of adopting sons was very deeply rooted in the society of pre-Islâmic Arabia, and it was not
easy for people to give it up. But Allâh Ta‘ala wanted to eradicate it and its effects, not only by words but
also by. In order that all doubts concerning matter might be dispelled, that the Believers might feel at ease
with respect to marrying the ex-wives of their adopted sons, and, more importantly, that they might know
with certainty that the halal is that which is permitted by Allâh and that the haram is that which is forbidden
by Him alone, Allâh Ta‘ala chose the Prophet (s.a.w.s.) himself for this important task.
Now Zaid bin Harithah, who was known as Zaid ibn Muhammad, had married the Prophet’s cousin, Zainab
bint Zahsh. Zaid and Zainab were not happy together, and Zaid became increasingly dissatisfied with his
wife, complaining frequently to the Prophet (s.a.w.s.). Although the Prophet (s.a.w.s.) knew, through divine
revelation, that Zaid would divorce Zainab and that he would afterwards marry her himself, human weakness
occasionally overcame him, and he was afraid of facing the people. Thus, whenever Zaid complained to him
about his wife, the Prophet (s.a.w.s.) would tell him, “Hold on to your wife and fear Allâh.” At that point Allâh
Subhanahu wa Ta‘ala revealed some verses of the Qur‘ân admonishing the Prophet (s.a.w.s.) and at the
same time fortifying his will to face society in demolishing the remnants of this ancient system, in this case,
the established practice which prohibited a man from marrying the ex-wife of a stranger who had been
adopted as a son. Saye Allâh Ta‘ala: And when thou didst say to him who had received the favor of Allâh
and thy favor, ‘Retain thy wife and fear Allâh,‘ thou didst hide within thyself what Allâh was about to make
manifest, fearing the people; but Allâh has more right that thou shouldst fear Him. Then, when Zaid had
carried out the necessary formality (of divorce) from her, We gave her to thee in marriage so that (in the
future) there might be no difficulty for the Believers with respect to (marriage to) the wives of their adopted
sons when the latter have carried out the necessary formality (of divorce) from them; and Allâh’s command
must be fulfilled. (33:37)
The Qur‘ân goes on to support the Prophet (s.a.w.s.) in this action, confirming its lawfulness and removing
any stigma attached to it: There is no fault in the Prophet in what Allâh has made obligatory for him. That
was Allâh’s practice with those of old who passed away, and the command of Allâh is a decree determined
— those who delivered the messages of Allâh and feared Him, fearing none but Allâh; and Allâh suffices in
keeping account. Muhammad is not the father of any man among you, but he is Allâh’s Messenger and the
Seal of the Prophets; and Allâh is the Knower of all things. (33:38-40)
Adopting a Child to Rear and to Educate
As explained above, the type of adoption which has been abolished by Islâm is that kind which makes a boy
a member of the family, with all the rights of inheritance, the permissibility of mixing freely with other
members of the household, the prohibition of marriage and so on.
But the word “adoption” is also used in another sense, one which is not prohibited by Islâm—that is, when a
man brings home an orphan or a foundling to rear, to educate, and to treat as his own child; he protects,
feeds, clothes, teaches, and loves the child as his own. However, he does not attribute the child to himself,
nor does he give him the rights which the Shari‘ah reserves for natural children. This is a meritorious act in
Allâh’s religion, and the man who does it will be rewarded by being admitted to Paradise. Said the Prophet
(s.a.w.s.), “I, and the one who raises an orphan, will be like these two in the Garden“, and he pointed to his
middle and index fingers with a slight gap between the two.
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