The Impact of Social Expediency in Jurisprudential Law of Adoption in Islamic Denominations

Adoption, which is called “tabanni” in jurisprudential terminology, is a precedent subject that has also found many new examples in Islamic and non-Islamic countries. This title has been linked to an incident in Islamic history, i.e. the historical narrative of Zayd ibn Harithah who was adopted by the Prophet of Islam, which indicates a long standing custom at the time of ignorance, and provided the status of the revelation for the fourth and fifth verses of Surah Al-Ahzab. The verses of Surah Al-Ahzab refer to the prohibition of adoption in the form which was common in the pre-Islamic era, i.e. passage of all provisions of Sharia laws about the real children to adopted children. Therefore, analysis of this issue has been considered as an important issue in different Islamic denominations. With a review of the history of human life in different societies, we can see that humans have always paid specific attention to orphans or neglected children. Additionally, in Islamic societies, the high teachings of Islam have emphasized the importance of dealing with the affairs of the orphans. On the other hand, adoption in the present situation has a remarkable role to play in strengthening the foundations of childless families and improving the well-being in the society and eliminating the psychological problems of orphans and reducing abnormalities. Since Sharia laws are based on expediency of individuals and the society, and can be used to solve social problems, analysis of the jurisprudential laws of adoption, emphasizing the role of expediency and new inquiries around the issue, can find solutions to the problems of this group of children in the host family or the guardian family.