Of the rulings of the foundling in the Islamic Shari`ah

Praise be to Allah, the Lord of the worlds [i.e., people]. And peace be upon the seal of Prophets, his family, his Companions, and those who follow them righteously until the Day of Recompense.

In this time, frequent questions are raised about the issue of adoption in Islam and how to handle the problem of foundlings in the Muslim society?

Islam prohibits adoption:

There is no doubt that Allah (may He be Exalted) prohibited adoption decisively because we cannot, by any case, change reality by any false claim.

Allah (may He be Exalted) says: "Allâh has not made for any man two hearts inside his body. Neither has He made your wives whom you declare to be like your mothers' backs, your real mothers [Az-Zihâr is the saying of a husband to his wife, "You are to me like the back of my mother" i.e. You are unlawful for me to approach], nor has He made your adopted sons your real sons. That is but your saying with your mouths. But Allâh says the truth, and He guides to the (Right) Way. * Call them (adopted sons) by (the names of) their fathers: that is more just with Allâh. But if you know not their father's (names, call them) your brothers in faith and Mawâlîkum (your freed slaves). And there is no sin on you concerning that in which you made a mistake, except in regard to what your hearts deliberately intend. And Allâh is Ever Oft-Forgiving, Most Merciful." [Surat Al Ahzab: 4 - 5].

One of the major sins is that a person attributes another to other than his real father, so that person competes with the man's children, knows his secrets, and denies the right of his real father and mother. Therefore, the Prophet (peace be upon him) said: "Do not deny your fathers (i.e. claim to be the sons of persons other than your fathers), and whoever denies his father, is charged with disbelief."[1] [Reported by Muslim].

"Whoever claims to be the son of a person other than his father, and he knows that person is not his father, then Paradise will be forbidden for him."[2].

Zayd ibn Harithah and Salim, the freed slave of Abu Hudhayfah

The prohibition of adoption does not mean to leave the foundling without care and protection, or offending him by any mean or defaming his honor or disdaining him. Foundling is a free Muslim who has the same rights of Muslims and should do the same obligations.

Of his rights on the community is to have his lineage protected if it was known, should not be attributed to other than his father, and his status should be maintained if his lineage was unknown because he is a freed slave for Muslims who enjoys their love, care, and help.

Zayd ibn Harithah the one whom the Messenger of Allah (peace be upon him) loved was attributed to his father after he was attributed to the Messenger of Allah (peace be upon him) and that did not decrease his status and did not affect his excellence. The Messenger of Allah (peace be upon him) said to him: "You are our brother and our freed slave." [3]

Salim, the freed slave of Abu Hudhayfah ibn `Utbah did not know who his father was and that did not decrease his status because he was Salim who witnessed the Battle of Badr and used to teach the Qur'an to Muslims. The Prophet (peace be upon him) said: "Learn the Qur'an from four persons."

One of them was Salim, the freed slave of Abu Hudhayfah." [4]

`Umar ibn Al Khattab said at his death: "If Salim had been alive, I would have taken him as a freed slave."[5].

Rearing a foundling is obligatory on Muslims

Whoever finds a child in a place that is thought to lead to his death should take him because he is a weak human soul and it is not his fault to be a foundling.

Anyhow, taking a foundling is a collective obligation on all Muslims of the village or the town where he exists.

Spending on a foundling should be from the Muslim Treasury House if he does not have money.

However, if the foundling has got some money, it will be spent on him unless the finder wants to raise him at his own expenses for the sake of Allah (may He be Exalted).

What should a person, who finds a foundling, do?

Whoever finds a foundling and does not want to raise him, he should give him to the Muslim rulers to rear him in the houses which are prepared for that purpose.

Whoever finds a foundling and has the desire to raise him should refer the matter to the rulers and declare his readiness to take full responsibility of him then he should write a report in the police station.

It is not permissible for a finder to attribute the foundling to himself. When it is important to issue a birth certificate, the finder may do so but should name him after a common name such as to say: so and so son of `Abdullah, or he may give him a name similar to his own name.

The finder should know that rearing the foundling in his home is controlled by certain disciplines, so it is not permissible to leave him alone with the finder's daughters or wife and it is not permissible for him to see the apparent decorations which women are commanded to hide.

To overcome this problem, you may make the foundling drink from the finder's wife milk so as to be a foster-child and when he does so, being alone with the wife or daughters is permissible because he will be a son of the wife and a brother for the girls.

A finder should take care of the foundling, rear, and educate him. He should teach him Salah when he reaches seven years old and beats him for not offering it when he reaches ten years old because he has custodianship over him, so he should treat him as he treats his own child.

When a foundling becomes of age, the finder should tell him that he is a Muslim brother and a freed slave for Muslims in a way that preserves his dignity.

If someone names the foundling after him, anyone who claims to be his father or mother will be accepted whenever the substantial conditions for this claim is available whether the claimer is the finder or someone else as was mentioned in the books of Fiqh. And Allah knows best! And peace be upon our Prophet Muhammad.