The desire to provide a loving home for a child in need is a beautiful and highly rewarded act in Islam. However, many Muslims in Western countries, including the USA and Europe, often ask: "Islamic rules for adopting a child – what are they, and how do they differ from Western legal adoption?" Understanding the precise Islamic rules for adopting a child is vital, as Islamic Law (Sharia) mandates specific guidelines to protect the child's identity, lineage, and legal rights.
What are the Islamic Rules for Adopting a Child? Introduction to Kafalah
The term used in Islamic law that most closely resembles fostering or guardianship is Kafalah in Islam. The Islamic rules for adopting a child are centered on this concept.
Kafalah means taking responsibility for a child's care, upbringing, and financial well-being. It is a highly virtuous act that secures the child's emotional and material needs. However, Kafalah vs adoption in the Western sense presents a key theological and legal distinction that is non-negotiable in Islam.
Kafalah vs. Adoption: The Key Difference in Islamic Law
The most significant difference between Kafalah and Western adoption lies in the concept of lineage (Nasab).
Western Adoption
Often involves legally severing the child's ties to their biological family and granting them the full legal status (including the family name and inheritance rights) of the adoptive parents.
Kafalah in Islam
This is guardianship, not a change of lineage. The Islamic rules for adopting a child strictly forbid attributing the child to the adoptive father. The child must retain their biological identity, even if it means using a known foster name (like "the son/daughter of the guardian").
This rule is firmly established in the Quran:
"Call them by [the names of] their fathers; that is more just in the sight of Allah. But if you do not know their fathers, then they are your brothers in religion and your protected ones." (Quran 33:5)
This Quranic verse on adoption is the foundation for all Islamic adoption rules.
Learn more about: Family in Islam
The Rule of Lineage: Why Adopted Children Keep Their Birth Name in Islam
The fundamental Islamic rules for adopting a child prohibit the formal changing of a child's last name to that of the adoptive father. This is the ruling on changing child's name in Islam in the context of adoption.
Why is this rule so strict?
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Truthfulness: It maintains the truth of the child's lineage, which is paramount in Islamic family law.
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Legal Rights: It ensures the clarity of rights of a Kafalah child regarding marriage and inheritance for adopted children (as discussed below).
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Spiritual Protection: It avoids confusion on the Day of Judgment, when people will be called by their father's names.
Therefore, the rules for changing child's name in Islam dictate that a child under Kafalah must keep their biological father's name or be referred to as a "protected one" (Mawla) if the father is unknown.
Inheritance for Adopted Children: What are the Islamic Rules?
The question, "can adopted child inherit in Islam?" is answered directly by the rule of lineage. Since the child under Kafalah is not considered a biological son or daughter, they do not automatically receive a fixed, mandatory share of inheritance (fard).
However, the Islamic rules for adopting a child provide a solution:
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Bequest (Wasiyya): The adoptive parents are permitted—and encouraged—to leave up to one-third (1/3) of their estate to the child under Kafalah through a legal bequest (Wasiyya). This provides for the child financially without violating the inheritance laws.
This distinguishes the Kafalah child from biological children, who receive fixed shares, providing a legal answer to what is the Islamic ruling on adopting a child.
What are the Islamic rules for adopting a child? Status of Mahram and Unrelated Children
The issue of Mahram is critical under the Islamic adoption rules for children who are not breastfed by the adoptive mother. A child under Kafalah remains an unrelated person (non-Mahram) to the adoptive family, particularly the mother and any older children of the opposite gender. This means:
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The child must observe the rules of Hijab with non-Mahram members of the adoptive family upon reaching puberty.
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This is a necessary consideration under the Mahram rules adopted child for maintaining the boundaries of Islamic family law.
The Mahram Solution: How Foster Breastfeeding Creates Legal Ties
The only way to create a permanent, non-Mahram-exempt legal relationship between a child and the adoptive family is through foster breastfeeding adopted child Islam (Rada'ah).
If the child is breastfed by the adoptive mother (or the adoptive father’s sister/mother) with five confirmed feedings during the first two years of life:
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The child becomes the Rada'ah son/daughter of the adoptive mother.
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The child becomes a permanent Mahram to the adoptive father, the mother, and their biological children.
This creates an enduring legal connection, simplifying the Mahram rules adopted child after the child reaches puberty and is a key feature of Muslim foster care network USA efforts.
Prophet Muhammad's Example: The Story of Zayd ibn Harithah
The definitive change in the Islamic rules for adopting a child came with the Prophet Muhammad (PBUH) himself. Before the revelation of the Quranic verse (33:5), the Prophet had "adopted" Zayd ibn Harithah, who was then known as "Zayd ibn Muhammad."
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The revelation mandated that Zayd must be called by his biological father’s name, Harithah.
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This divinely mandated change established the permanent and strict nature of the ruling on changing child's name in Islam, showing the absolute commitment to preserving lineage.
This story serves as the primary textual precedent for the legal adoption in Islam being restricted to Kafalah.
The Spiritual Rewards of Kafalah: Caring for the Orphan in Islam
While Kafalah is not Western adoption, its spiritual merit is immense. Adopting an orphan in Islam or providing care through foster systems is one of the highest acts of virtue.
The Prophet Muhammad (PBUH) said:
"I and the guardian of the orphan will be together in Paradise like this" (and he pointed with his index and middle fingers, held slightly apart). (Sahih Bukhari)
This Hadith highlights the immense spiritual rewards of Kafalah and encourages foster care in Islam as a path to paradise.
Navigating Western Law: How Muslims in the USA and Europe Practice Kafalah
Muslims practicing Kafalah vs adoption in Western countries must navigate two legal systems. Muslim adoption agencies and social workers advise:
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Legal Adoption (Western): Families usually proceed with the legal Western adoption process to gain full custody and legal rights for the child's welfare (e.g., medical care, schooling).
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Islamic Compliance: They adhere to the Islamic rules for adopting a child by:
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Continually informing the child of their true lineage.
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Not telling others that the child is biologically theirs.
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Addressing Mahram rules adopted child through foster breastfeeding if possible.
This two-tiered approach allows for both legal protection and religious compliance in raising an adopted child Islam.
What are the Islamic rules for adopting a child? A Practical Checklist
Before proceeding with foster care in Islam or a Kafalah arrangement, use this checklist based on the Islamic rules for adopting a child:
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Acknowledge the child's true lineage.
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Ensure the child keeps their biological name.
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Discuss and formalize the plan for inheritance (Wasiyya).
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Determine how the Mahram rules adopted child will be managed.
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Establish financial provision for the child's future.
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Seek advice from a qualified Islamic family law Kafalah scholar.
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FAQs: Islamic Rules for Adopting a Child
Is adoption (in the Western sense) Haram in Islam?
Adoption that involves legally hiding the child's lineage and changing the child's surname to the adoptive father's is forbidden (Haram) in Islam, as confirmed by the Quranic verse on adoption. However, guardianship (Kafalah) is highly encouraged.
Can an adopted child take the adoptive father's name?
No. The Islamic rules for adopting a child strictly prohibit giving the child the adoptive father's family name. The child must retain their biological father's name, maintaining the integrity of the lineage (ruling on changing child's name in Islam).
Does a child under Kafalah inherit from the adoptive parents?
No, not automatically. The Islamic rules for adopting a child state the child does not receive a fixed share. However, the adoptive parents are highly encouraged to leave up to one-third of their estate to the child through a Wasiyya (bequest).
How can an adopted child become a Mahram to the adoptive family?
The only way to create a Mahram relationship is through breastfeeding adopted child Islam (foster breastfeeding) within the first two years of the child's life, following the specific Mahram rules adopted child.
What is the difference between Kafalah and Western adoption?
Kafalah vs adoption is a difference between guardianship (Kafalah) and a legal change of lineage (Western adoption). Kafalah protects the child's identity and does not grant automatic inheritance, while Western adoption typically severs the biological ties.
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