Muslim Personal Law

Introduction

To understand Muslim personal law, a knowledge of Islamic history is vital so as to keep in mind Islamic views of adoption, the essence of which, can be found in various sources such as the Quran, the Sunnas, Ahadis, etc. Prophet Mohammed founded Islam during a time where tribes, local unstable governments and traditional tribal rules prevailed. At Medina, the Prophet assumed role of legislator, administrative general and judge. Many Suras (chapters of the Quran) which contained within them rules on fasting, prayer and social laws governing marriage, divorce, etc, belong to this period. Therefore the Quran is source to numerous solutions devised by the Prophet to the trials and tribulations of tribal rule. The overall essence

In this case, adopted children. It is also important to review the changes that have been made to it for the benefit of these children and whether these changes have been in the right direction. Another problem that must be addressed is what other changes must be made to further the interest of adopted children and how they must be made within the authority the religion permits. And through this problem, we arrive at the fundamental question: To what extent must Muslim personal law in India be reformed so as to benefit the adopted one? How can these changes be brought about?

In order to answer this question, this paper must talk about adoption in Muslim Personal Law which will introduce Muslim Personal Law and how it is interpreted in relation to adoption. It will help review the effects these interpretations have had on the status of adopted children in Indian Muslim society. It will critique the interpretations from a legal as well as an Islamic viewpoint. And it will see how this attitude towards adoption might limit the options of Muslim

Although the Prophet did adopt a son, complications arose due to his marriage of his adopted son’s ex-wife. This story of the Prophet and Zayd was interpreted by Hanafite in such a way so as to exclude adopted children (who are always sons, never daughters) entirely from any rights of inheritance from their adoptive parents as well as any duties towards their adoptive parents. They did, however, recognise the relationship so as to discourage marriage between adoptive parents and children. Except for the moral obligation, the adoptive parents are under no legal obligation to maintain the adopted child. Likewise, there is no legal obligation on the adopted child to maintain the adoptive parents. The Malikite jurists, however, as opposed to all other Muslim jurists, have permitted an adopted child to inherit from its adoptive parents, provided that the child is one who is not otherwise entitled to inherit from those parents.

Contrary to classical interpretations of Muslim law, in some Muslim countries today practice and allow adoption. Yet many believe that these countries