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In one of his articles,1
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’an 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’anic
directive
(related to adoption) mentioned in the foregoing verses, I had written
in one of my earlier responses to a related question2:
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’an 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’anic 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.
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