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 Islam. Before receiving the call to prophethood, the Prophet (peace be on him) 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 (peace be on him) Khadijah presented Zaid to him. When Zaid's father and uncle learned his place of residence, they came to the Prophet (peace be on him) to demand Zaid's return. The Prophet (peace be on him) gave Zaid a choice, and he chose to stay with the Prophet (peace be on him) in preference to his father and uncle. The Prophet (peace be on him) 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 Islam.
Now what is the judgement of Islam concerning such a system of adoption? Islam 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 Islamic 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'an abolished this jahili system, prohibiting it totally and eradicating all its consequences. Says Allah Ta'ala: ...Nor has He made your adopted sons your (real) sons; that is simply a saying of your mouths. But Allah 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 Allah. 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'anic 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.
Islam 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'an 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 Allah....(8:75)
With regard to marriage, The Qur'an 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 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.
This practice was widespread in Arab society at the advent of Islam. Before receiving the call to prophethood, the Prophet (peace be on him) 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 (peace be on him) Khadijah presented Zaid to him. When Zaid's father and uncle learned his place of residence, they came to the Prophet (peace be on him) to demand Zaid's return. The Prophet (peace be on him) gave Zaid a choice, and he chose to stay with the Prophet (peace be on him) in preference to his father and uncle. The Prophet (peace be on him) 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 Islam.
Now what is the judgement of Islam concerning such a system of adoption? Islam 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 Islamic 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'an abolished this jahili system, prohibiting it totally and eradicating all its consequences. Says Allah Ta'ala: ...Nor has He made your adopted sons your (real) sons; that is simply a saying of your mouths. But Allah 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 Allah. 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'anic 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.
Islam 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'an 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 Allah....(8:75)
With regard to marriage, The Qur'an 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 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.
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