Mohammedan Law
Adv.Rajendra Kothari
(Querist) 24 July 2008
This query is : Resolved
Whether the theory of adoption of child is permissible under Mohammedan Law.Kindly suggest the law points on the same and cooperate me.
SANJAY DIXIT
(Expert) 24 July 2008
Islam does not recognise adoption of child. There is nothing in the Mohammedan Law similar to adoption as recognized in the Hindu System.
However an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act.
arunprakaash.m.
(Expert) 25 July 2008
Mohammeden law does not recoganise legitimacy of a child except natural born child. However certain communities in India follow rules of adoption of hindu this kind of adoption is valid. For eg. cutchi memons bohra muslim and muslims from punjab follow certain cutoms of hindus.please refer correct materials.
Murali Krishna
(Expert) 25 July 2008
As sanjay Dixit rightly said, personnel law applicable to Muslims does not permit Adoption. Same is also the case of Christians. Only People professing Hindu religion and its related religions like jainism etc allow adoption. The basis is that "adoption is a sacred act" under Hindu law. In other religions it is not. Bills to include adotion to all the people have been included during 1970's many times on the recommendations of Law Commission. But they were not got through because of the objections from members belonging to those religions on the ground of interfereing into their personnel law.
