Trends of Child Adoption in Contemporary Era: A Comparison of Shariah & Law Perspectives

Abstract

The value of family and lineage flows through Islamic history, thought, and law like a golden thread. Islam is a religion that governs every aspect of Muslims' lives. In the event of child adoption, there is no exemption to the court's jurisdiction up to the adoption of a minor. The ban of lineage, the development of non-mahram partnerships, and the question of inheritance and guardianship are all examples of constraints imposed by Shariah today. Under Muslim personal law, adoption rights do consider entirely recognized. Partial adoption is recognized under Muslim personal law, until the adoptive child enters the age of foster care. The adoptive Muslim parents are just trustees of the adopted child's name, surname, estate, and so on. As a result, alternate types of adoption, as well as a legal fostering model known as kafālah, have been established. A kafālah allows children who have been separated from their families to be legally reared by families other than their own.