Overview (Verse 5)

Adoption Abolished
 
Similarly, the practice of adopting a child reflected flaws in the foundation of the family and society. Although chastity was highly valued by the Arabs who, as is widely known, took pride in their ancestry, there were other phenomena that moved in the opposite direction. These were generally accepted, but not in the prominent families and clans. Indeed, some individuals could not tell who their fathers were. Furthermore, if a man liked one of these ‘off-spring’, he could adopt him, calling him his son, and the two would then inherit each other. The same applied to some people whose real fathers were even known. In this respect, they too could be adopted. This was particularly so with captives, when children or adolescents were taken captive in a raid on a clan or during a war. If a man then wished to adopt such a captive, he would declare such adoption, and the captive would then be known as a son of his adopting father. He would then enjoy the privileges of being a son and was required to fulfil his duties as a son.
 
One of these was Zayd ibn Ĥārithah, of the Arab tribe of Kalb. He was taken captive when young in pre-Islamic days, then sold to Ĥakīm ibn Ĥizām who gave him as a gift to his aunt Khadījah. When she was married to the Prophet, she gave him Zayd as a gift, but Zayd’s father and uncle appealed to him for Zayd’s release. The Prophet then decided to give him a choice, and he chose to remain with the Prophet. Therefore, the Prophet set him free and adopted him as his son. He was then called Zayd ibn Muĥammad. When Islam started several years later, he was the first man to accept Islam from among the lower classes in society.
 
Subsequently, when Islam began to set family relations on their natural basis and strengthen family bonds, purging these of any distortion, it abolished adoption, making the true blood relation the only cause for a son and father to be so called. Therefore, the Qur’ān states: “Likewise, He does not make your adopted sons truly your sons. These are only words you utter with your mouths.” (Verse 4) Words can neither change reality nor can they establish a substitute relation to that of blood, which allows for hereditary qualities resulting from conception, pregnancy and birth, and which then allows for natural feelings to be engendered. The fact is that a child is seen as a living part of its natural parents.
 
“But God says the truth and He alone shows the right path.” (Verse 4) God says the absolute truth which admits no falsehood whatsoever. It is only right that family relations should be established on facts of marriage and birth, not on mere words. God indeed shows the right path that is in harmony with sound, undistorted human nature and which cannot be substituted by any man-made system. Needless to say, the word of truth stated by God is far stronger and more solid.
 
“Call them by their fathers’ names; that is more just in God’s sight.” (Verse 5) It is only fair that a child should be called by its father’s name: it is fair to the father from whom the child comes into existence, and fair to the child to take his father’s name, inherit and be inherited by him, cooperate with him and provide a continuation of the lineage that relates him to his ancestors. It is also fair to put everything in its proper place and establish every relation on its natural basis, allowing no child or parent to be deprived of any special or distinctive quality. Moreover, it is only fair that no one other than the natural parent should shoulder the parental responsibility or enjoy its benefit, and no one other than a natural child should have the rights and duties of being a son or daughter.
 
Islam provides a system which ensures balance in family relations and gives the family a strong and real foundation. At the same time, it gives society a solid foundation that combines reality with nature. Any system that ignores the natural family is bound to fail, because it is weak and based on forgery.
 
Since there was much confusion in family relations in pre-Islamic Arabian society, and because of the prevalent sexual permissiveness that led to some family relations being unknown, Islam made things easy, providing certain concessions. For example, should the true father of an adopted child be unknown, the child still had its place in the Muslim community; a relation based on brotherhood in faith and patronage: “If you do not know who their fathers are, then treat them as your brethren in faith and your proteges.” (Verse 5) This is, then, a moral relation that does not create practical commitments, such as inheritance and sharing in the payment of blood money. In pre-Islamic days, these family commitments were extended so as to apply to relations through adoption. The purpose of creating this moral relation is to give the formerly adopted child a bond in society after the abolition of adoption. The reference in the verse to those adopted children whose fathers were unknown gives us a clear picture of the prevalent confusion in family relations and the loose morality that held sway in pre-Islamic Arabia. Islam put an end to all this by establishing a society on the basis of the family unit which, in turn, is based on real marital and blood relations.
 
When Muslims have carefully endeavoured to call everyone by their fathers’ names, they are not to he blamed for cases where they are unable to establish the true facts: “You shall not be blamed if you make a mistake, but for what your hearts intend.” (Verse 5) This benevolent attitude results from the fact that God forgives and bestows mercy on His servants, and He never charges them with more than they can reasonably do: “God is indeed Much-Forgiving, Merciful.” (Verse 5)
 
The Prophet placed a strong emphasis on the need to establish real parenthood so that the new Islamic system could put an end to the social chaos that prevailed before Islam. Those who suppress true relations are warned that they could be considered as unbelievers. A report by al-Ţabarī mentions that Abū Bakr once recited this verse and a man called `Abd al-Raĥmān declared: “I am one of those whose fathers are not known. I am your brother in faith.” The report quotes `Abd al-Raĥmān’s son, `Uyaynah, as saying of his father: “By God! I believe that had he known that his father was an ass, he would have declared himself the son of that ass.” The Prophet says: “Whoever knowingly claims to be the son of someone other than his father is not a believer.”