A contemporary Islamic hermeneutical approach to adoption: challenging its prohibition

Khan, Nahid (2025). A contemporary Islamic hermeneutical approach to adoption: challenging its prohibition. University of Birmingham. Ph.D.

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Abstract

This thesis analyses the practice of adoption, particularly in light of earlier studies from a theological perspective that have shown it to be prohibited in Islam. Employing a hermeneutical approach, the study examines the historical customs preceding Islam in the Arabian Peninsula, as well as references in the Qur’an, ahadith, and Islamic jurisprudence regarding the prohibition of adoption. The findings reveal that the customary practices identified in the Arabian Peninsula were not synonymous with adoption but rather constituted security pacts known as wala in Arabic. These pacts, unlike adoption, do not establish a parent-child relationship and primarily serve the purpose of security and compensation for members of the pact. Furthermore, the study highlights the implications of these practices on the treatment of enslaved individuals and those of low social status, shedding light on the changes that occurred with the rise of Islam. The study also examines the specific revelations in the Qur’an associated with the prohibition of adoption and their implications for vulnerable children's rights. Ultimately, while the Qur’an and ahadith address the care and support of vulnerable children, they do not prescribe any specific mechanism. However, references to adoption, guardianship, and kafala in pre-Islamic events are noted in the Qur’an.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

Supervisor(s):