WUNRN
MUSLIM ADOPTION & THE CARE OF
ORPHAN CHILDREN:
ISLAM & THE BEST INTERESTS OF
THE CHILD
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EXECUTIVE SUMMARY
A common conception is that
Islamic law forbids adoptions. However, this belief misses the complexity of
Islamic law, the scope of adoption laws and practices across the world, and the
overwhelming emphasis on taking care of orphans and foundlings found within
Islamic sources. Contemporary adoption practices are immensely complex issues,
overlapping with children’s rights, international and national laws, human
psychology, economic, social, and religious concerns, and the ethics of
lineage, identity, property and inheritance rights. In this position paper, the
Muslim Women’s Shura Council considers whether adoption can be possible within
an Islamic framework.
After examining Islamic
texts and history alongside social science research and the international
consensus on children’s rights, the Council finds that adoption can be
acceptable under Islamic law and its principle objectives, as long as important
ethical guidelines are followed. This statement consults the Quran, the example
of the Prophet Muhammad (sunna), the objectives and principles of
Islamic law (maqasid al-sharia), Islamic Jurisprudence (fiqh),
and social science data. The Shura Council finds that, instead of banning
adoption, Islamic sources have brought various ethical restrictions to the
process, condemning dissimulation and foregrounding compassion, transparency,
and justice. These restrictions closely resemble what is known today as the
practice of open adoption. Therefore, when all efforts to place orphaned
children with their extended family have been exhausted, open, legal, ethical
adoptions can be a preferable Islamically-grounded alternative to institutional
care and other unstable arrangements.
According to Islamic and
universal standards of children’s rights, all children have the right to grow
up in a nurturing, loving environment where their physiological, psychological,
and intellectual needs are met. All children have the right to know their
lineage and to celebrate their unique national, cultural, linguistic, and
spiritual identity. All children have the right to a safe, supportive environment
where their rights to dignity, education, and the development of their talents
are well respected. The best interests of the child should be the primary
consideration in all decisions relating to children, including adoption.