Why Islam Prohibits Legal Adoption ?
Islam prohibits traditional legal adoption—where a child is permanently attributed to someone other than their biological father—not out of disregard for compassion, but to preserve lineage, ensure justice, and prevent confusion in legal and social rulings. This prohibition does not negate the importance of caring for orphans and vulnerable children; rather, it regulates that care in a way that balances mercy with legal clarity.
In pre-Islamic Arabia, adoption often involved assigning the child the name and identity of the adoptive parent, granting them full rights of inheritance and familial status. This led to serious consequences: confusion in lineage, unlawful mixing of genders, and violations in inheritance laws. Islam responded by restoring the child’s right to be called by their true father’s name, if known, or otherwise referred to as a brother in faith—not as a biological son.
The wisdom behind this prohibition is multifaceted:
- Preservation of lineage: Islam places great emphasis on the integrity of family ties. Misattributing a child’s identity is considered a form of falsification and injustice to both the child and the biological parents.
- Prevention of legal confusion: Treating an adopted child as a biological one can lead to unlawful interactions—such as private seclusion, inheritance claims, or marriage restrictions—based on incorrect assumptions of kinship.
- Fair distribution of inheritance: Legal adoption may grant the adopted child shares of inheritance that rightfully belong to biological heirs, violating the divinely ordained system of wealth distribution.
- Clarity of identity: Islam encourages every individual to know their roots, as this contributes to personal dignity, psychological stability, and social transparency.
However, Islam did not close the door to compassion. It introduced kafala, a system of guardianship and sponsorship that allows a person to care for a child—financially, emotionally, and educationally—without altering their legal identity. In some cases, breastfeeding (rada‘ah) can establish a milk kinship, allowing lawful closeness while preserving legal boundaries.
Thus, Islam’s prohibition of legal adoption is not a rejection of care—it is a framework that protects the child’s rights, prevents social and legal confusion, and upholds the balance between mercy and justice. It encourages fostering, sponsoring, and nurturing children in need, while maintaining the integrity of lineage and law.