CRITICAL ANALYSIS OF ADOPTION UNDER MUSLIM LAW

Authors: HARSHADI RAJESH PATEL, Student of SYMBIOSIS LAW SCHOOL, HYDERABAD

Best Citation – HARSHADI RAJESH PATEL, CRITICAL ANALYSIS OF ADOPTION UNDER MUSLIM LAW, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 141-147, ISSN – 2583-2344.

ABSTRACT

Due to COVID, which resulted in many of the children losing both of their parents, adoption level increased in today’s society. The significance of adoption has been widely acknowledged, and many people view it as a noble deed. Adoption is frequently chosen by couples who are unable to have children naturally for various reasons. So, why does Islam or Muslim law forbid adoption in its faith at this age where in comparison every other religion promotes it? This research paper looks at the history of the well-known prophet Mohammad and tries to explain why Muslim law forbids adoption in its culture. During his reign, the Prophet Mohammad expressed a range of views on adoption. This research study cites numerous books, papers, and written works in order to understand learn about various legal scholars’ perspectives and how they interpret the prohibition on adoption. This research paper will also examine the current state of adoption rights in India and how they are being used, as well as how they have changed in relation to Muslim law in particular and whether or not the society is accepting of these changes. Finally, this paper will examine whether the Muslim legal system currently in place is adequate to address the adoption procedure, as well as the inheritance, legacy, and lineage rights of the adopted kid and the adoptive parents. As the ideas are Sunnah (what is perceived to be the consensus), there has been relatively little research on the rights of adoption in Muslim law.

KEYWORDS: Adoption, Muslim Law, Quran, Sponsoring, Inheritance.