Adoption under Muslim Law
+ In Islam adoption doesn’t exist as it does in Hinduism.
* Kafala which literally means ‘sponsorship’ is the closest concept in
relation to adoption present in Muslim law. It is more of a foster parent
relationship.
* He cannot inherit the property of his adoptive parents although the
adoptive parents can give gift it to him.
* The Muslim Personal Law (Shariat) Application act, 1937 was promulgated
to make provision for a ae of muslim personal law i.e. shariat, to
muslims.Section 2. Application of Personal Law to Muslims.—Notwithstanding
any custom or usage to the contrary, in all questions (save questions
relating to agricultural land) regarding intestate succession, special
property of females, including personal properly inherited or obtained —
under contract or gift or any other provision of Personal Law, marriage,
dissolution of marriage, including talaq, ila, zihar, lian, khula and
mubaraat, maintenance, dower, guardianship, gifts, trusts and trust
properties, and wakfs (other than charities and charitable institutions and
charitable and religious endowments) the rule of decision in cases where
the parties are Muslims shall be the Muslim Personal Law (Shariat).
* There is no mention [ But that doesn’t mean that adoption is non
existent in Muslim law, as mentioned above the practise of sponsorship is still
there and if any custom or usage permits then also adoption can be done.Secular Law
The Guardians and Wards Act, 1890
* Personal laws of Muslims, Christians, Parsis and Jews do not recognise
€omplete adoption, As non-Hindus do not have an enabling law to adopt a
child legally, the people belonging to these religions who are desirous of
adopting a child can only take the child in 'guardianship' under the provisions
of The Guardians and Wards Act, 1890.
* The statute does not deal with adoption as such but mainly with
guardianship. The process makes the child a ward, not an adopted child
* When children turn 21 years of age, they no longer remain wards and assume
individual identities.
* They do not have an automatic right of inheritance. >.The Juvenile Justice (care and protection of children)
Amendment act, 2006 _~
Section 2 (aa) defines ‘adoption’ as the process through which the adopted child is permanently separated
from his biological parents and become the legitimate child of his adoptive parents with all the rights,
privileges and responsibilities that are attached to the relationship. VY
Chapter IV of this act is titled ‘Rehibilitation and Social Reintegr:
This is a very good approach of the parliament to secularise adoption and a positive step towards the welfare
of abandoned, orphan and surrendered children.
Section 40 talks about the rehabilitation of the child and social integration by
\doption
(ii) foster care
(iii) sponsorship
(iv) sending the child to an after-care organization.
Section 41 gives guidelines regarding adoption |
Only Non Hindus s#eallowed to adopt using these provisions because for Hindus we have HAMA procedures
already in existence.