Answer By law4u team
Adoption Under Muslim Law in India Muslim law in India does not recognize adoption in the way Hindu law does. Instead, Muslims follow the concept of guardianship (Kafala), as per Shariat (Islamic law) and The Guardians and Wards Act, 1890. However, Muslims in India can legally adopt under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). 1. Traditional Islamic Law on Adoption Islamic law does not permit full legal adoption as it exists in Hindu or secular law. The adopted child does not get the adoptive parents' surname or inheritance rights. The child continues to be related to their biological family and must maintain their biological identity. The Quran prohibits changing lineage (Nasab): “Call them by (the names of) their fathers, that is more just in the sight of Allah.” (Surah Al-Ahzab, 33:5). 2. Concept of Kafala (Guardianship) Muslims can take care of an orphan or another child under Kafala (foster care/guardianship). The child is raised as part of the family but does not have automatic inheritance rights. The guardian may gift property to the child or create a will (Wasiyat) giving up to one-third of their estate. 3. Adoption Under the Juvenile Justice (JJ) Act, 2015 Muslims in India can legally adopt under the JJ Act, which provides for secular adoption rights. The Supreme Court of India (Shabnam Hashmi v. Union of India, 2014) ruled that the JJ Act overrides personal laws, allowing Muslims to adopt under civil law. Adoption under the JJ Act gives the child full rights, including: Legal heirship in the adoptive family. Right to the adoptive parents' surname and identity. 4. Legal Process for Adoption by Muslims in India If adopting under Islamic law, it is done through guardianship (Kafala) under The Guardians and Wards Act, 1890. If adopting under secular law, the process follows JJ Act procedures, which include: Applying through a recognized adoption agency. Fulfilling eligibility criteria. Legal adoption order by a court. 5. Inheritance Rights of an Adopted Child Under Islamic law (Kafala): The adopted child does not automatically inherit the guardian’s property. The guardian can leave up to one-third of their property through a will (Wasiyat). Under JJ Act adoption: The child gets full inheritance rights as a biological heir. Conclusion Muslim law does not recognize adoption, but allows guardianship (Kafala). Muslims in India can adopt legally under the JJ Act, 2015, giving the child full legal rights. For inheritance, an adopted child under Kafala does not inherit unless given property through a will or gift.
