Adoption is a practice where an individual or a couple takes on the parenting responsibilities of a child who is not their biological offspring. While adoption is a common and legally recognized practice in many cultures and religions worldwide, its treatment under Muslim law, particularly in India, is unique and differs significantly from other legal frameworks.

Legal Framework

In India, adoption laws are primarily governed by religion-specific statutes. For Hindus, the Hindu Adoption and Maintenance Act, 1956, provides a comprehensive framework for adoption. However, for Muslims, there is no formal statute governing adoption. Instead, adoption under Muslim law is guided by personal laws derived from Islamic texts, traditions, and interpretations.

Traditional Muslim Law Perspective

In traditional Muslim law, adoption as understood in a legal sense, involving the complete transfer of parental rights and responsibilities, is not recognized. The Quran and Hadiths (sayings and actions of Prophet Muhammad) emphasize the importance of blood relations and inheritance rights. According to Islamic principles:

1.    No Legal Transfer of Parentage: An adopted child does not acquire the status of a biological child. The child retains their biological lineage and family name.
2.    Inheritance Rights: An adopted child does not have an automatic right to inherit from the adoptive parents. The child can only inherit from their biological parents. However, adoptive parents can provide for the child through a will, but only up to one-third of their property, as per Islamic inheritance laws.

The Concept of Kafala

While formal adoption is not recognized, Islamic law promotes the welfare of orphans and abandoned children through a system known as kafala. Kafala, derived from the Arabic word meaning "to take care of," is akin to foster care. Under kafala:
•    The child is placed under the care of a guardian who assumes responsibility for the child's upbringing and welfare.
•    The child retains their biological family name and does not become a legal heir to the guardian's estate.

The Role of the Juvenile Justice Act, 2015

In India, the secular Juvenile Justice (Care and Protection of Children) Act, 2015, provides a legal framework for adoption, applicable to all citizens irrespective of their religion. This Act allows Muslims to adopt children legally, overcoming the limitations of traditional Muslim law. Under this Act:
•    Adoption is recognized as a legal process where the child becomes the lawful child of the adoptive parents, with all rights and responsibilities as a biological child.
•    Adopted children have inheritance rights from their adoptive parents.

Practical Implications and Challenges

Muslims in India face a complex situation due to the dual legal framework. While they can adopt under the Juvenile Justice Act, traditionalists may prefer kafala to align with religious principles. This duality can lead to confusion and legal challenges, especially regarding inheritance rights and family recognition.

Conclusion

Adoption under Muslim law in India presents a unique blend of religious principles and modern legal frameworks. While traditional Muslim law does not recognize adoption as understood in a legal sense, the concept of kafala ensures that orphans and abandoned children are cared for. The Juvenile Justice Act, 2015, offers a secular alternative, enabling Muslims to adopt legally. Navigating this dual framework requires a sensitive understanding of both legal and religious considerations to ensure the welfare of children and respect for religious traditions.

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