In one of his
articles, Mr Jochen Katz has pointed
out a contradiction in 33:37 and 33:4-5. Explaining the contradiction in these
verses, he writes:
It is
important that Muslims can marry the divorced wives of adopted sons (33:37), yet
it is forbidden to adopt sons (33:4-5).
The verses,
which Mr Katz has interpreted as prohibition of adopting children are worded in
the Qur’ān as follows:
God has not
made for any man two hearts in his body: nor has He made your wives whom you
pledge to be like your mothers, your real mothers; nor has He made your adopted
sons, your real sons. These are only the utterances of your mouths. God declares
the Truth, and He guides to the right Way. Call them by their fathers’ names;
that is more just, according to God. However, if you do not know their fathers,
then call them your brothers in faith, or those under your care. There is no
blame upon you for the unintentional mistakes that you make, but only in things
that you do with the intention of your hearts: and, indeed, Allah is Most
Forgiving, Most Merciful. (33:4-5)
Explaining the
implication of the Qur’ānic directive (related to adoption) mentioned in the
foregoing verses, I had written in one of my earlier responses to a related
question:
Adoption of
a child, if seen in the modern connotation, generally implies that a child not
only be given a home and the love and affection that he may, unfortunately, lack
due to the absence of his home and family, but also be given the adopting
family’s name and, subsequently, the complete legal status of a real child of
that family.
Islam does
not prohibit adoption. However, the Islamic concept of adoption is somewhat
different from that of the modern concept. The Qur’ān has clearly directed the
Muslims to maintain for their adopted children the names of their real fathers
and if their real fathers are not known, then they should be considered and
called brethren in faith or the adopted children of the person concerned (33:5).
This directive
clearly implies that adoption of a child per se is not only allowed in Islam but
the Prophet’s example has patronized it as a great social service and a humane
act. The directive regarding naming the child after his real father is obviously
to avoid all kinds of psychological, social and emotional trauma for the child
at a later stage in life.
It should,
however, be kept in mind that the adopted child – who, in affect, lacks any real
relationship with the adopted parents – is not a natural inheritor for his
surrogate parents and vice versa. The surrogate parents may will – to any extent
– in his favour. Nevertheless, in the absence of such a will, the adopted child
shall not be included in the inheritors of the deceased.
As should be
clear from the foregoing explanation, Islam does not prohibit ‘adoption’, as Mr
Katz has interpreted from the foregoing verses. However, the Qur’ānic concept of
adoption is quite different from the modern concept of adoption. According to
the modern concept, ‘adoption’ is, in fact, a legal change of status for the
child, whereas, according to the Islamic concept, ‘adoption’ does not entail any
legal or socio-moral obligations for the adopting parent. On the contrary,
according to the Islamic concept, ‘adoption’ is only supporting and taking care
of a child, as if it were one’s own child. In fact, it is only the natural
extension of this lack of legal and socio-moral status that ‘adoption’ is
granted by Islam, and marriage between a person and the wife of his adopted son
is not prohibited in Islam.
The foregoing
explanation should adequately answer the objection raised by Mr Katz.
Courtesy: Understanding-Islam (http://www.understanding-islam.com/articles/responses/mtwoas.htm)
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