This article is written by Miss Divya Bhasin, a 2nd year student of Lloyd School of Law, Greater Noida

Abstract

This article delves into the intricate realm of inheritance rights for adopted children within the framework of Muslim law. While Islamic jurisprudence provides a comprehensive system of inheritance, the status of adopted children raises nuanced questions that intersect tradition and contemporary legal interpretations. This exploration encompasses the historical context, key legal principles, and the evolving discourse on the rights of adopted children in Muslim societies.

Introduction

In the tapestry of Islamic law, the issue of inheritance is woven with meticulous precision, aiming to distribute wealth justly among the rightful heirs. However, the status of adopted children introduces complexity, as traditional principles may clash with contemporary understandings of family dynamics. 

Islamic law, or Sharia, is a comprehensive legal system that governs various aspects of a Muslim’s life, including matters of inheritance. In the context of adoption, Islamic jurisprudence addresses the rights and status of adopted children concerning inheritance. Unlike some Western legal systems, which may grant adopted children the same rights as biological children, Islamic law has its own set of principles and considerations. This article explores the inheritance rights of adopted children under Muslim law, examining key concepts, sources, and variations within different schools of thought.

Understanding Adoption in Islamic Law

Before delving into the intricacies of inheritance, it is crucial to understand the Islamic perspective on adoption. In Islam, formal adoption, where a child is legally considered and treated as the biological child of adoptive parents, is not allowed. This prohibition is rooted in the importance of maintaining lineage and clarity about biological relationships. Instead, Islam encourages a practice known as “kafala,” where individuals may care for and raise orphaned or abandoned children but without altering the child’s legal status or erasing their biological lineage.

Inheritance in Islam

(Historical Context)

Understanding the inheritance rights of adopted children in Muslim law requires a journey into the historical context of adoption in Islamic societies. Historically, adoption was not a prevalent practice in the Arabian Peninsula during the time of Prophet Muhammad. Instead, the custom of “kafala” emerged, wherein individuals took on the responsibility of caring for orphaned children without altering their lineage or inheritance rights. The Quranic revelation and the Prophet’s teachings emphasized the importance of treating orphans with kindness and ensuring their well-being. However, the legal mechanisms surrounding inheritance were not explicitly addressed until later revelations. The absence of a specific legal framework for adopted children in the early Islamic period left room for interpretation and adaptation as Islamic jurisprudence developed over time.

Inheritance laws in Islam are primarily derived from the Quran, the holy book of Islam, and the Hadiths, which are the sayings and actions of Prophet Muhammad (peace be upon him). The Quranic verses and Hadiths provide specific guidelines on how the estate of a deceased person should be distributed among heirs. The system is characterized by fixed shares for specific relatives, ensuring a fair and just distribution of wealth within the family.

Adopted Children and Inheritance Rights

The question of inheritance rights for adopted children becomes pertinent when considering the distribution of a deceased person’s estate. As Islam does not recognize formal adoption, adopted children are not entitled to inherit in the same manner as biological children. The Quran explicitly emphasizes biological lineage in matters of inheritance, stating, “Those related by blood are more entitled to [inherit] from one another” (Quran 8:75).

Kafala and its Implications

While adopted children may not have the same inheritance rights as biological children under Islamic law, the practice of kafala ensures that they are not left without care and support. Kafala establishes a legal relationship based on guardianship rather than parenthood. The guardian (kafil) assumes responsibility for the child’s upbringing, education, and general welfare but does not alter the child’s legal status or inheritance rights.

Some scholars argue that the principles of kafala do not negate the moral and ethical responsibilities of adoptive parents. They emphasize the importance of treating adopted children with kindness, fairness, and love, and encourage adoptive parents to make provisions for the welfare of adopted children in their wills.

Variations among Islamic Schools of Thought

Islamic jurisprudence comprises different schools of thought, each with its interpretations and nuances. The four main Sunni schools of thought—Hanafi, Maliki, Shafi’i, and Hanbali—may have slight variations in their approach to inheritance and adopted children.

1. Hanafi School

   The Hanafi school is generally considered more lenient when it comes to adoption-related issues. Some Hanafi scholars allow adopted children to inherit from their adoptive parents, although the share may not be equal to that of biological children. However, this view is not unanimous, and other Hanafi scholars may adhere to the general prohibition on inheritance for adopted children.

2. Maliki School

   The Maliki school tends to be strict regarding the prohibition of adoption and its legal implications. According to Maliki scholars, adopted children do not inherit from their adoptive parents. The emphasis is on maintaining the child’s lineage and avoiding confusion about familial relationships.

3. Shafi’i School

   The Shafi’i school takes a middle-ground approach. Some Shafi’i scholars permit a limited form of inheritance for adopted children, especially if there is evidence of a clear and long-standing relationship between the child and the adoptive family. However, this is not a unanimous opinion, and some Shafi’i scholars may adopt a stricter stance.

4. Hanbali School

   The Hanbali school, like the Maliki school, tends to follow a more stringent approach. In general, adopted children are not granted inheritance rights. The emphasis is on preserving the child’s lineage and avoiding any confusion about familial relationships.

Challenges Faced by Adopted Children:

Adopted children in Muslim societies often encounter challenges in securing their inheritance rights. Legal ambiguity, societal stigma, and jurisdictional variations contribute to the complexities surrounding the rights of adopted children. This section explores specific cases and sheds light on the difficulties faced by those seeking equitable inheritance.

Contemporary Perspectives and Legal Reforms

In the modern context, there is ongoing discussion and debate within the Muslim community regarding the treatment of adopted children, especially in light of changing social norms and the increasing number of orphans and abandoned children. Some scholars and activists advocate for a reinterpretation of Islamic law to accommodate the changing landscape of family structures.

Legal reforms are being considered in some Muslim-majority countries to address the rights of adopted children more comprehensively. These reforms aim to strike a balance between adhering to Islamic principles and ensuring the welfare and rights of adopted children. For instance, some countries have introduced legislation that allows adopted children to inherit a portion of their adoptive parents’ estate, recognizing the practical and ethical considerations surrounding adoption.

Case Studies

Examining case studies from different Muslim-majority countries provides practical insights into how inheritance rights for adopted children are navigated in diverse legal landscapes. By analyzing these cases, we gain a deeper understanding of the practical implications of legal frameworks and their impact on the lives of adopted children.

Comparative Analysis with Non-Muslim Legal Systems:

A comparative analysis with inheritance laws in non-Muslim legal systems sheds light on the commonalities and differences in addressing the rights of adopted children. Exploring how other legal traditions handle similar issues can inform discussions within Muslim societies and contribute to a broader dialogue on family law.

Conclusion

The inheritance rights of adopted children in Islamic law are a complex and nuanced subject, influenced by the principles of kafala and the prohibition of formal adoption. The diverse perspectives within different schools of thought reflect the richness of Islamic jurisprudence and the ongoing discussions within the Muslim community.

While the majority of scholars adhere to the traditional stance that adopted children do not inherit in the same manner as biological children, there are variations and evolving perspectives, especially in response to contemporary challenges. The emphasis on kindness, fairness, and ethical treatment of adopted children is a common thread, encouraging Muslims to consider the well-being of orphaned and abandoned children within the framework of Islamic principles.

As discussions on this topic continue, it is essential for the Muslim community to engage in open dialogue, seeking a balance between upholding religious principles and addressing the evolving needs of society. By doing so, the Islamic legal tradition can adapt to the complexities of the modern world while remaining true to its core principles of justice and compassion.

REFERENCES

• This article was written by Arafat Khan published on Legal Service India E-journal WEBSITE.https://www.legalserviceindia.com/ .
• This article was written by Vijaysinh G. Sodha published on IJRJR WEBSITE. www.ijrar.org .
• https://free-islamic-course.org/stageone/stageone-module-4/four-schools-law-islam.html.
• https://www.toppr.com/guides/legal-aptitude/family-law-I/mohammedan-law-schools-of-muslim-law/.