Today, we are sharing the troubled story of a Muslim couple who had planned their upcoming 10 years. They got married and were madly in love with each other. The plan was to get married, establish their careers, then extend their family, and have two beautiful children. They even had their names in mind. However, fate had some other plans. Two years after their marriage, they came to know of their inability to have children due to biological reasons. Their world shattered with the news, and the dreams of children roaming around the verandah collapsed. It was about the two of them from the beginning, but something was amiss, they were feeling too much at once. They explored medical treatments to cure the problem, but nothing could help. One fine day, when they were on their way to a relative’s place, they happened to cross an orphanage, and a common thought struck both of them – Adoption. But, what does the Muslim law say about adoption? Can a Muslim couple adopt a child in India? The blog here discusses the possibilities in this direction.
Adoption under Muslim Law
To understand the law regarding adoption in India, there are two categories of laws which are applicable to Indians. For certain concepts, there are personal laws which govern the lives of people based on their religion. It usually includes marriage, divorce, adoption, property inheritance, etc. Coming to the question, can a Mulsim couple adopt a child in India, there is nothing about adoption under the Sharia laws. In fact, adoption is said to be prohibited for Muslims. However, secular options may be explored in the blog below.
Why are Muslims not allowed to adopt?
This is not only about India but in any other country, Muslims governed by Sharia Laws are prohibited from adopting a child. Adoption in general brings rights which are equivalent to blood ties, like a biological son or daughter. The concept of adoption is restricted for Muslims for two reasons:
- To preserve blood ties – It is believed that the only legitimate way to have descendents is by biological means. Adoption does not bring a blood-relation with the child, and thus, the answer to “Can a Muslim couple adopt a child” is a big NO under Sharia Laws.
- To avoid Sexual Relations – Under Muslim law, there are certain relations like siblings and parents, apart from which, a person can marry and have sexual relations with. It is often stated that the reasons Muslims are not allowed to adopt is that an adopted son is eligible to marry his adoptive mother, or his sister who might be adopted or a biological child of those adoptive parents. This is similar for a girl who may marry and have sexual relations with adoptive father or brother, as per Shariat Laws.
Can a Muslim Couple adopt a child in India?
Since adoption is not allowed for Muslims under Shariat Laws, Muslim couples usually go for guardianship rights under the Guardians and Wards Act, 1890. Guardianship under Muslim Law means Hizanat or Wilayat, which means taking legal responsibility of a minor, and their property. Here, it also means that once the minor child turns major, there will be no legal relationship between the guardians and their wards.
While adoption under Muslim law is prohibited, the Supreme Court of India in Shabnam Hashmi v. Union of India (2014) enabled adoption of children by persons irrespective of religion, caste, creed etc. The said right has been included under Section 56 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Thus, the secular law answers in affirmation to the question – “Can a Muslim couple adopt a child in India?”.
Can a Muslim adopt a non-Muslim child?
While religion plays a big role in adoption laws, in the case of Muslims, it is the secular law which enables them to adopt abandoned or orphaned children. Generally, it may be up to the adoptive parents, as in whether they wish to adopt a non-Muslim child or not. Since Muslim laws already forbid adoption, there is nothing about Muslim couples adopting a non-Muslim child.
It may be noted that the JJ Act talks about the religion of prospective adoptive parents, that regardless of religion, they can adopt. However, there is no whisper about the religion of the child. Regardless of the religion of the child, Section 63 does provide about the ‘effect of adoption’. It clearly states that once the adoption orders are issued by the Court, it becomes the child of adoptive parents, as if the child was born to them. Thus, adoption in a way makes the child a Muslim. If parents want, they may do some religious acts in this regard.
Also read – Can a Muslim marry a Hindu without converting?
Conclusion
Here, it can be deduced that the Muslim law does not allow couples to adopt children. While they may take up guardianship rights under the Guardians and Wards Act, 1890 as per Sharia laws, the Juvenile Justice Act allows them to adopt a child regardless of their religion. The Secular law therefore gives a green light to those asking – “Can a Muslim couple adopt a child in India?”. Thus, to go for guardianship or adoption is the decision left upon the adoptive Muslim couples.
