IIIT-FCNA Fiqh Forum on Adoption and Orphan Care

Abstract

On April 13, 2017, the International Institute of Islamic Thought (IIIT) and the Fiqh Council of North America (FCNA) brought jurists, scholars, and professionals in the field to share their latest research on the topic of adoption and orphan care. The day-long forum, held at the IIIT headquarters in Herndon, VA, featured one concept paper and five panels. The opening session featured Zainab Alwani (vice chair, FCNA; program director, Fiqh Forum on Adoption and Orphan Care; founding director, Islamic studies, Howard University School of Divinity), who spoke on “Orphan Care in the Qur’an and Sunnah: Critical Reading on Adoption and Kafala.” Stating that she is providing a framework – not a solution – grounded in the Qur’an and Sunnah, she discussed why the number of orphans and abandoned children has reached an all-time high; why Muslim Americans are reluctant to adopt them; and such concerns as the un-Islamic nature of the American legal system and the ensuring legal, cultural, and linguistic problems. She stressed that taking care of these children is an ethical/moral issue and reminded the audience of the biographies of Musa, Yusuf, Muhammad, and Maryam, all of whom were raised by people who were not their biological parents, and the importance of the family structure. In closing, she recommended that Muslims revive the collective spirit of caring for orphans, work with lawyers to derive Sharia-compliant solutions, integrate these children into our communities, and reconsider some traditional fiqhī concepts (e.g., brother and mawlā). Abubaker Al-Shingieti (executive director, IIIT) chaired. Panel 1, “Voices from the Field,” opened with Ranya Shbeib (co-founder, Muslim Foster Care Association; https://www.muslimfostercare.org), who focused on meeting orphans’ immediate needs and provide family support. Her organization works hard to achieve these twin goals and to raise local community awareness by a four-step process: making a presentation, providing the relevant orientation, giving practical training, and actually receiving the child. After each step, unfortunately, the number of interested people declines ...