Adoption in Islam

According to the Sharee'ah (Islamic law), there is no legal adoption. It is prohibited for a person to legally adopt a son or a daughter of whom he is not the biological father. If a person adopts a son or daughter, the Sharee'ah will not confer on the adopted person the status or rights of a biological son or daughter. According to the Quran, one cannot become a person's real son merely by virtue of a declaration; Allaah Says (what means): "...And He [i.e., Allaah] has not made your claimed [i.e., adopted] sons your [true] sons. That is [merely] your saying by your mouths, but Allaah says the truth, and He guides to the [right] way. Call them [i.e., the adopted children] by [the names of] their fathers; it is more just in the sight of Allaah. But if you do not know their fathers, they are your brothers in religion…" [Quran 33: 4-5]

This shows that the declaration of adoption does not change realities, alter facts, or make a stranger a relative, or an adopted child a son or daughter. A mere verbal expression or figure of speech cannot make the blood of a man run through the veins of the adopted child, produce natural feelings of affection found in normal parent-child relationships, or transfer the genetic characteristics, or physical, mental, or psychological traits.

Justice is Respect for Others

The central notion of justice in the Sharee'ah is based on mutual respect of one human being for another. The just society in Islam means the society that secures and maintains respect for people and their rights through various social arrangements that are in the common interest and welfare of the general public. Islam views adoption as a falsification of the natural order of society and reality. The prohibition of legal adoption in Islam was ordained to protect the rights of the adopted, adopter, biological parents, other individuals affected by the adoption, and society as a whole.

Lineage and Legitimacy

The child is an extension of his father and the bearer of his characteristics. He takes his name and increases his progeny. Likewise, the child in Islam also has the equally inalienable right to legitimacy. The principle of legitimacy holds that every child shall have a father and one father only. This is why Allaah has ordained marriage and has forbidden adultery, so that paternity may be established without doubt or ambiguity and that the child may be referred to his father, and the father to his sons and daughters. Hence, adoption cannot be used in Islam to hide the illegitimacy or the paternity of the child.

Inheritance

By adopting someone's child as one's own, the rightful and deserving heirs to the property of a man are deprived of their shares. Hence, Islam has made it Haraam (forbidden) for a father to deprive his natural children of inheritance. Allaah has established the distribution of inheritance in order to give each eligible person his or her share. In matters of inheritance, the Quran does not recognise any claim except those based on relationship through blood and marriage. The Quran stipulates (what means): "And those who believed after [the initial emigration] and emigrated and fought with you – they are of you. But those of [blood] relationship are more entitled [to inheritance] in the decree of Allaah. Indeed, Allaah is knowing of all things." [Quran 8:75]

Marital Relations

Taking a stranger into the family as one of its members and allowing him to be in privacy with women who are non-mahram (i.e., non marriageable relatives) to him is a deception, for the adopter's wife is not the adopted son's real mother, nor is his daughter the boy's sister, nor is his sister the boy's aunt, since all of them are non-mahram to him and vice-versa for an adopted daughter. The Quran has, thus, declared that only the wives of one's real sons, and not the wives of any sons under one's care, are permanently forbidden in marriage. This is according to the verse (which means): "…The wives of your sons who are from your [own] loins…" [Quran 4:23]

Accordingly, it is permissible for a man to marry the divorced wife of any son under his care, since, in actuality, she has been the wife of a 'stranger' who was not related by blood. Also, when the adopted child's lineal identity or paternity is changed, it is quite possible that the adopted child may, unknowingly, enter into incestuous relationships by marrying close relatives of his natural parents; also, his marital chances may, in general, become subject to confusion.

Solidarity

If the adopted child were to receive a claim on the inheritance of the adopter, the real relatives may become rightfully angry feeling that the adopted child has received something that is not rightfully his, depriving them of their full inheritance. This could lead to quarrels, fights and the breaking of relations among relatives. Therefore, adoption is not conducive to family solidarity and overall harmony and peace, which are necessary for social stability.

Allowable Forms of 'Adoption' in Islam

Orphans:

This is a completely different form of adoption, which is not prohibited by Islam - that is, when a man brings home an orphan and wants to raise, educate, and treat him as his own child. In this case, he protects, feeds, clothes, teaches, and loves the child as his own without attributing the child to himself, nor does he give him or her the rights which the Sharee'ah (Islamic Law) reserves for his natural children. This is a meritorious and noteworthy act in Islam, and the man who does it will be rewarded by being admitted to Paradise. Prophet Muhammad  once said: "I and the one who raises an orphan, will be like these two inParadise (and he pointed his middle and index fingers)"

There are also numerous Quranic verses that support the act of taking care of orphans and enough cannot be said about how pleased Allaah is with this noble and charitable act, see: [Quran: 2:220; 4:2; 4:6; 4:10; 4:127; 17:34]

Foundlings:

A foundling or abandoned child is also regarded as an orphan, and one may apply the term 'wayfarer' to him as well. In this case too, as in that of orphans, the child's lineal identity must be unchanged and parenthood to the natural parents should not be denied. When the parents of such children are unknown, the children must be made brethren in faith; See [Quran: 33:4-5], as cited at the beginning of this article.

If a man is childless and wishes to benefit such a child (orphan or foundling) from his wealth, he may give him whatever he wants during his lifetime.

Modern Forms of Adoption:  Artificial Insemination

Islam safeguards lineage by prohibiting adultery and legal adoption. In the same way it forbids artificial insemination if the donor of the semen is other than the husband. Thus, Islam keeps the family line clearly and unambiguously defined without any foreign element entering into it. That is why Muslim scholars unanimously consider artificial insemination a despicable crime and a major great sin, to be classified in the same category as adultery.

It is a more serious crime and detestable offence than adoption, for the child born of such insemination incorporates in itself the result of adoption - the introduction of an alien element into the lineage in conjunction with the offence of adultery, which is abhorrent both to the divinely revealed laws and to upright human nature. By this action the human being is degraded to the level of an animal, which has no consciousness of the noble bonds of morality and lineage which exist among the members of a human society.

Qualities to look for in a spouse -II

Beauty

Beauty is another important characteristic to be looked for in a spouse. It has a certain role to play since one of the purposes of marriage is to keep both mates from sin.  The best way to achieve this is if there is a strong attraction between the husband and wife. Although this will surely grow over time, initial impressions can in some cases become an obstacle to a successful marriage. The Prophet  separated Qays bin Shammaas from his wife in the famous case of Kuhl' (i.e. a woman asking for separation from her husband) and her stated reason was that he was exceedingly displeasing to her.  There are many Ahaadeeth (prophetic statements) that urge the prospective spouse to take a look at the other before undertaking the marriage.  Once, a companion told the Prophet that he was going to get married. The Prophet  asked if he had seen her.  When the man replied in the negative, he  said: "Go and look at her, for it is more likely to engender love between the two of you."  [Ahmad & Others]

'Umar bin Al-Khattaab  once said:  "Do not force your young girls to marry an ugly man, for they also love what you love."

Beauty has its role, but remember that it is way down on the priority list, under piety, character and religion. When a person puts beauty above all else, the results can be disastrous. This is one big reason young people seeking to get married must be helped by more mature family members in making their choice.

Looking at a Prospective Spouse

As we have seen, the Prophet  encouraged men considering marriage to a particular woman to get a look at her.  He said in another Hadeeth: "If one of you proposes to a woman and if he is able to look at a part of her that motivates him to marry her, let him do so."  [Abu Daawood & Others]

Note that this Hadeeth does not abrogate the limits of what a woman may expose to non-mahaarim (marriageable relatives). She must continue to be well covered, except for her face and hands, in front of all of them, and the prospective husband, even if he has proposed, is no exception to this. Even then, he is still only permitted to see what anyone else is permitted to see.  The difference is that he is allowed to take a good look - if it were not for the proposal of marriage, both would be required to avert their eyes after the first glance, as the Prophet  said to 'Ali  about the look at a non-mahram woman: "The first is for you, the second is against you."

Also, it is clear that the purpose of this look is very specific: to help one determine whether or not they would like to marry that person. Once that has been determined and the decision has been made, it is no longer permissible for them to look at each other. If a man and a woman decide that they want to marry each other, this does not make it permissible for them to continue to see each other. Just the opposite, since the decision has been made there is no longer any need for them to see each other and they are no longer allowed to do so.  This is because until the moment the offer and acceptance of the marriage have been pronounced, there is no relationship of any kind between them and all of the laws regarding alien men and women still apply to them.

Women Looking at a Prospective Husband

The woman also has a right to look at her prospective husband.  Many scholars have stated that women desire the same things that we (men) do. Some have even said that it is even more important for the woman to see the man. This is because the man holds the right of instant and unconditional divorce in case he is displeased with his wife.  It is not so easy for the woman to get out of a marriage and so she must have priority on this issue.

Can a Man be Alone with His 'Fiancée'?

Again, no matter what words, promises, commitments, etc. have passed between the parties, until the marriage contract has been transacted and a man and woman are actually married, there is no relationship at all between them and they are to each other as any other strange man and woman. The Prophet  has expressly forbidden for a man and a woman to be alone together. This ruling applies to a 'fiancée' just as much as it applies to any other unrelated man and woman. One Hadeeth that makes this very clearly is: "A man cannot be alone with a woman, except along with a male (non-marriageable) relative (of hers)." [Al-Bukhaari & Muslim]

Touching

Obviously, since those 'engaged' to be married have no legal relationship beyond any other strange man and woman, any form of touching between them is not allowed. The Prophet  said: "For one of you to have your head pierced with an iron needle is better for him than to touch a woman who is not permissible for him (to touch)." [At-Tabaraani]

Phone Calls

Muslim scholars have pointed out that it is not proper or acceptable for 'fiancées' to be alone together or to have numerous encounters, telephone conversations or internet 'chats' for the purpose of 'getting to know each other'.  In fact, this is a horrible innovation that has spread among the Muslims. It must always be remembered that until they are married, they are like any other unrelated men and women to each other and their actions must reflect that fact.

This is clearly the result of the similar 'experiment' going on in Western societies over the last few decades:  the more they 'open' these kinds of issues the more disastrous their marriages become. Recently, the success rate of marriages in the United States has dropped below fifty percent (50%).  This is despite the complete freedom of the couples to 'get to know each other' in every way, and for as long as they wish, before marriage. 

Muslims who are heading down this same road need to wake up and take heed.  The Prophet  said: "You will follow the ways of those who came before you foot by foot and yard by yard; (to the extent that) even if they are to descend into a lizard's hole, you will follow them."

The Difference between 'Engagement' and Delaying Consummation

In many Muslim countries, people transact the marriage contract, but agree not to actually begin the marriage until after a certain period of time.  There is nothing wrong with this custom with two conditions:

1. The time period is not excessively long.
2. All parties understand that the two are legally married, their agreement to delay being together is not binding and there is nothing wrong if they change their mind and decide to be together before the appointed time.

This is quite different from the imported custom of 'engagement'.  The only parallel to this western custom which many Muslims have adopted is what is called 'Khitbah', which is the time between the beginning of discussions and the acceptance or rejection of the offer.  In short, this has no legal validity of any kind and does not change anything about the relationship between the man and woman. Extending this to very long periods of time or worse, violating the Sharee'ah (Islamic Law) during that time in the ways we have discussed is a horrendous religious innovation (Bid'ah) which has spread among the Muslims.

Tayammum (dry ablution)

Definition

In Arabic, the word Tayammum literally means an 'aim' or 'purpose.' In Islamic Law, it refers to: 'Aiming for or seeking soil to wipe one's face and hands with the intention of purification and preparing oneself to pray, and so on."

Proof of its Legitimacy

This act of ritual cleansing is proven by the Quran, Sunnah (prophetic tradition) and Ijmaa' (consensus of Muslim scholars). The Quran says (what means):"…And if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women [i.e., had sexual intercourse] and find no water, then seek clean earth and wipe over your faces and your hands [with it]. Indeed, Allaah is ever Pardoning and Forgiving." [Quran 4:43]

From the Sunnah, we have the Hadeeth (prophetic statement) related by Abu Umaamah  in which the Prophet  said: "All of the earth has been made a pure place of prayer for me and my nation. Whenever a person from my nation wants to pray, he has something with which to purify himself, that is, the earth." [Ahmad]

Finally, there is a consensus that Tayammum forms a legitimate part of the Sharee'ah (Islamic Law), as it replaces ablution with water or Ghusl (ritual bathing), under specific circumstances.

A Blessing from Allaah

This form of ablution is viewed as a blessing from Allaah to the Muslims. Jaabir  related that the Prophet  said: "I have been given five things that were not given to anyone before me: I have been made victorious due to fear of a distance of one month's journey; the earth has been made a place of prayer for me and a source of purification - wherever and whenever any member of my nation wants to pray, he may pray; and the war booty has been made lawful to me, and this was not lawful to anyone before me. I have been given permission to intercede. Prophets before me used to be sent to their own people only, but I have been sent to all of mankind." [Al-Bukhaari & Muslim]

When to Make Tayammum

One is permitted to make Tayammum in any of the following cases:

1- If one cannot find water or the amount one finds is insufficient for ablution

'Imraan Ibn Husayn  said: "We were with the Messenger of Allaah  during a journey. When he led the people in prayer, one man stayed apart. He  asked him: "What prevented you from praying?" He replied: 'I need a ritual bath (because of having a wet dream) and there is no water.' The Messenger  said: 'Use the soil, for it is sufficient (i.e. Tayammum).''' [Al-Bukhaari & Muslim]

2- If one is injured or ill

If one is in this condition and thinks that using water will worsen it (he does not have to be absolutely sure, but may base his assumption on past experience or what a knowledgeable person has told him), he may perform Tayammum.

Jaabir  said, "We were on a journey and one of us was injured. Later, he had a wet dream. He asked his companions, 'Can I perform Tayammum?' They said, 'No, not if you have water.' He performed Ghusl, which caused him to die. When news of this came to the Messenger of Allaah  he said: "They killed him! May Allaah kill them! Do you not ask if you do not know? The remedy for ignorance is to ask. He could have performed Tayammum and not dropped water on his wound, or wrapped it with something, then wiped over the wrapping, and then washed the rest of his body.""

3- If water is cold enough to physically harm the user

Tayammum is allowed when water is available but is too cold and cannot be heated, or there is no public bathroom available. 'Amr Ibn Al-'Aas  narrated that he was once participating in a military expedition. He had a wet dream during an extremely cold night, and was afraid that if he performed Ghusl he would die. He prayed the morning (Fajr) prayer with his companions. He then went to the Messenger of Allaah  to ask him about this. The Messenger said: "O 'Amr! Did you pray with your companions while you needed a ritual bath?" 'Amr said to the Prophet  the verse (which means):"…Do not kill yourselves [or one another]. Indeed, Allaah is to you ever Merciful." [Quran 4:29] The Prophet  smiled at this and did not say anything. [Al-Bukhaari]

4- If water is nearby, but one cannot fetch it due to fear

If one fears for his life, family, wealth, [for example, if an enemy (beast or human) is nearby or if one is a prisoner, and so on], he may perform Tayammum. This is also allowed if there is water but one lacks the proper means to get it, or if one fears some accusation against him if he gets it.

5- If one is saving his water for later use

This could be for dough, cooking, or to remove an impurity that is not pardonable. Imaam Ahmad  said: "Many of the Companions performed Tayammum to save their water for drinking." 'Ali  said: "A man who is travelling and becomes unclean because of sexual intercourse, or a wet dream, can perform Tayammum if he fears he will go thirsty. He should perform Tayammum and not Ghusl." [Ad-Daaraqutni]

6- If one can get water, but fears that the prayer will be over by the time he gets it

He can perform Tayammum and pray, and does not need to repeat his prayer (after he gets water).

The Soil Used for Tayammum

It must be pure soil: this can be sand, stone, gypsum, and so on. Allaah Almighty Says in the Quran (what means): "…Perform Tayammum with pure soil..." [Quran 5:6] and all scholars of the Arabic language agree that 'soil' (in Arabic) is whatever covers the earth, dirt or otherwise.

How to Perform Tayammum

First, one must have the intention to perform ablution and purifying himself, then he mentions Allaah's name, strikes the soil with his hands, and wipes his face and hands up to the wrist, starting with the right hand. Nothing is more authentic and clear than what 'Ammaar related. He said: "I once became sexually impure and had no water, so I rolled in the dirt and prayed. This was mentioned to the Prophet who said: "This would have been enough for you," and he struck the earth with his hands, blew in them and then wiped his face and hands with them." [Al-Bukhaari & Muslim]

This Hadeeth shows that one strike of the earth is sufficient, and one only wipes the arms to the wrists. It is an act of Sunnah that one who makes Tayammum with dirt should blow into his hands first and not make his face dusty or dirty.

What Tayammum Makes Permissible

After performing Tayammum, one is pure and may perform any of the acts requiring prior ritual purification, such as praying and touching the Quran. He does not have to perform it during the time of prayer, and he may pray as many prayers as he wishes (unless he nullifies it), exactly as it is the case with regular ablution. Abu Tharr  reported that the Prophet  said: "The soil is a purifier for a Muslim, even if he does not find water for ten years. Then, if he finds water, that is, to make ablution, and so on, it becomes incumbent upon him to use it." [Ahmad & At-Tirmithi]

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Source: Fiqh Us-Sunnah, Volume 1

By: Sayyid Saabiq