Marrying the Wives of Adopted Sons

In one of his articles[1]

Mr. Jochen Katz has pointed out a contradiction in Al-Ahzaab 33: 37 and Al-Ahzaab

33: 4 – 5.

Explaining the contradiction in these verses, Mr. Katz writes:

It is important that Muslims can marry the divorced wives of adopted sons [Sura

33:37], yet it is forbidden to adopt sons [Sura 33:4-5].

The verses, which Mr. Katz has interpreted as

forbiddance of adopting children are worded in the Qur’an as follows:

God has not made for any man two

hearts in his body: nor has He made your wives whom you pledge to be like your

mothers, your real mothers; nor has He made your adopted sons, your real sons.

These are only the utterances of your mouths. God declares the Truth, and He

guides to the right Way. Call them by their fathers’ names; that is more

just, according to God. However, if you do not know their fathers, then call

them your brothers in faith, or those under your care. There is no blame upon

you for the unintentional mistakes that you make, but only in things that you

do with the intention of your hearts: and, indeed, Allah is Most forgiving,

Most merciful.

Explaining the implication of the Qur’anic

directive (related to adoption) entailed in the foregoing verses, I had written

in one of earlier responses to a related question[2]:

Adoption of a child, if seen in the modern

connotation, generally implies that a child not only be given a home and the

love and affection that he may, unfortunately, lack due to the absence of his

home and family, but also to give him the adopting family’s name and,

subsequently, be given the complete legal status of a real child of that

family.

Islam does not prohibit adoption. However, the

Islamic concept of adoption is somewhat different from that of the modern

concept. The Qur’an has clearly directed the Muslims to maintain for their

adopted children the names of their real fathers and if their real fathers are

not known, then they should be considered and called brethren in faith or the

adopted children of the person concerned (Al-Ahzaab 33: 5).

This directive clearly implies that adoption

of a child per se is not only allowed in Islam but the Prophet (pbuh)’s

example has encouraged it as a great social service and a humane act. The

directive regarding naming the child after his real father is obviously to

avoid all kinds of psychological, social and emotional trauma for the child at

a later stage in life.

It should, however, be kept in mind that the

adopted child – who, in effect, lacks any real relationship with the adopted

parents – is not a natural inheritor for his surrogate parents and vice

versa. The surrogate parents may will – to any extent – in his favor.

Nevertheless, in the absence of such a will the adopted child shall not be

included in the inheritors of the deceased.

As should be clear from the foregoing

explanation, Islam does not prohibited ‘adoption’, as Mr. Katz has

interpreted from the foregoing verses. However, the Qur’anic concept of

adoption is quite different from the modern concept of adoption. According to

the modern concept, ‘adoption’ is, in fact, a legal change of status for the

child, whereas, according to the Islamic concept, ‘adoption’ does not entail

any legal or socio-moral obligations for the adopting parent. On the contrary,

according to the Islamic concept, ‘adoption’ is only supporting and taking

care of a child, as if it were one’s own child. In fact, it is only the

natural extension of this lack of legal and socio-moral status that

‘adoption’ is granted by Islam, that marriage between a person and the wife

of his adopted son is not prohibited in Islam.

The foregoing explanation should adequately

answer the objection raised by Mr. Katz.

© Copyright

April 2001. All Rights Reserved with the Author