This article aims to offering a comprehensive summary of the issues at hand when it comes to the fatwas related to orphan care and legal adoption from the perspective of the Islamic law. This summary is based on a wide survey of the fatwas and research, published in various Fiqh Councils decisions, theses on Islamic law, and academic research. The issues related to this topic could be summarized in the following questions:
• What is the difference between the following forms of child and orphan care mentioned in the Quran and Hadith:
- a. tabanni,
- b. kifala,
- c. istilhaaq
- d. ri’ayat al-laqeet wal-yateem?
- • Is “adoption” as known in the western legal system equal to any of the above forms mentioned in the Islamic law?
- • Is “adoption” as known in the western legal system a rewarded good deed according to the Islamic law?
- • What are the rules that govern the interaction between the adopted child and the rest of the family members?
- • What are the rules that govern the inheritance of the adopted child from the rest of the family members?
- • What are the rules that govern the change of the adopted child’s name?
- • What are the rules that govern the breastfeeding of the adopted child?
The following brief survey of the details of the topic will answer the above questions. Then, a proposal is made that aims for legal child adoption, which aims to avoid the prohibited practices in the Shariah and achieve the best interest of the child.
