Thursday, August 19, 2010

Adoption in Islamic Law

Quran (33:4-5) is legal source that Islam prohibit adoption, true adoption. Mean adoption that forbidden in Islam is adoption that give adopted/foster child status as blood child, so adopted child can inherit from foster parent; adoption that break nasab relation between adopted child and his/her blood parent.

Alhough Islam prohibit true adoption, Islam never prohibit someone to care orphans. Not at all!... Islam, even obligate the followers to love, care give affection, feed, raise, and give good education to orphans, neglected child and other unlucky child. Even Allah's arsy will be shaken if there is an orphan cry because of hungry.

Islam only incorect if nasab (blood) relation between a child and his/her blood parent (true parent) is broken because of adoption. Islam also prohibit giving status as blood child to adopted child. Prohibit giving the adopted child same right with blood child, especially inheritance.

Why? Because of justice reason. It's connected to private relation, including inheritance.
It's not fair for blood parent, especially blood mother, if must lose nasab relation with her own child after she pregnant for 9 months 10 days. After she bet on her life to bear the child.... It's also not fair to blood child and the blood family if an adopted child has right to inherit adopted parent's property like a blood child.

The prohibition to give status as blood child, I think, because to prevent something bad that may be happen in the future. Prevent dispute about inheritance that may be happen between adopted child and blood child or blood family of foster parent. Because inheritance is about sensitive matter.

Although an adopted child can not inherit from his/her adopted parent, she/he can accept his/her adopted parent's property by wasiah (testament) or hibah (gift).

No comments:

Post a Comment

Please leave your comment here....