 |
Through
its Messenger, Prophet Muhammad (himself an orphan), Islam has aimed to
safeguard the rights of all members of society, including the rights of the
orphans in relation to their birth parents. The means for this is fostering; but
with a growing global population of Muslim orphans, does fostering remain the
only option when a Muslim child is orphaned due to occupation of his homeland
and natural disasters?
Syed
Mumtaz `Ali, President of the Canadian Society of Muslims, argues that when a
childless couple tries artificial insemination or in vitro fertilization and it
fails and leaves them without offspring, they have two further options. If the
cause of infertility is the woman, the husband may resort to polygamy and try to
have children from his second wife. Otherwise, if the bonding is strong between
a couple and another wife is not considered desirable, then they have the option
to enjoy the spiritual benefits of this responsibility of caring for an orphan,
as if he or she were their own. Adoption or fosterage, the two have become
intertwined between policy and practice.
Adoption
Today
From
the point of the view of the orphan, adoption procedures today can complicate a
sense of belonging. In the United States, the National Adoption Information
Clearinghouse estimated over 60,000 Americans search for their birth parents or
their birth child. Judges will only accept satisfactory grounds to open
sealed adoption records. Joan Burns tells us there is no unifying federal
legislation that governs access rights to information of birth parents or other
birth relatives and adoptees. Some states use an affidavit system, where the
concerned parties can place a prior written consent for the release of
identifying information into the adoption file. In the meantime, the feeling of
belonging eludes the adoptees (Burns). This situation highlights the many
justifiable reasons why in Islam the blurring of a child’s birthright is not
allowed as in adoption.
[Nor
has He made those whom you assert to be your sons your real sons; these are
the words of your mouths; and Allah speaks the truth and He guides to the way.
Assert their relationship to their fathers, this is more equitable with Allah;
but if you do not know their fathers, then they are your brethren in faith and
your friends; and there is no blame on you concerning that in which you made a
mistake, but (concerning) that which your hearts do purposely (blame may rest
on you), and Allah is Forgiving, Merciful.]
(Al-Ahzab 33:4-5)
Islam
in Practice
Fostering
has always been the Islamic alternative, with the child to remain legally the
child of the birth parents. This is further explained by Dr. Yusuf Al-Qaradawi:
Islam
safeguards lineage by prohibiting zina (illegitimate sexual
intercourse) and legal adoption, thus keeping the family line unambiguously
defined without any foreign element entering into it. It likewise prohibits
what is known as artificial insemination if the donor of the sperm is other
than the husband.
However,
what is the situation for a parentless child? The story of one Egyptian woman,
Sayeda (not her real name), who worked as a domestic, highlights the benefits of
kafala, (Islamic fostering). It was at the time of the annual pilgrimage and she
wanted to fulfill her religious obligations. The bond between her and her
employers was more of an extended family rather than an employer-employee
relationship. Sayeda worked for a religious family who agreed to take care of
her two younger children whilst the older children went on pilgrimage with her.
Sadly, whilst on pilgrimage, the coach that Sayeda and her children were in was
involved in an accident, and she and her children died. The responsibility for
the two younger children in Egypt was an honorable one for this family, who
raised them as their own children. No differentiation was made between their own
children and Sayeda’s. These two boys have grown to become academically
successful at university and have a bright future.
Not
all Muslim orphans are so fortunate, and they depend on outside agencies to take
responsibility. Contributing to the right of the orphan to maintain contact with
their relatives, the Muslim organization Benevolence International Foundation
(BIF) provides monthly sponsorship for Afghan orphans at $30 per month.
This program also includes Pakistan; the sponsorship is given to the relatives
of the orphan to provide for basic needs. For some families, sponsorship may be
the only income that they receive. BIF also runs an orphanage school in Sumgait,
which arose out of the Azerbaijan-Armenia conflict. Once, they sponsored
648 Chechen orphans, but this had to be suspended due to the increased
Russian onslaught. They also provided support for 100 Donxiang Muslim orphans in
China.
The
Islamic Family Service, New York is contracted by the City of New York
and offers family counseling, parenting classes, foster care, and crisis
intervention. They work with the courts and provide cultural and professional
advice along with their foster care service for Muslim and non-Muslim parents.
Every
summer, the Ukrainian Inter-regional Association of Public Organizations
(ARRAID) opens a Muslim cultural summer camp for orphaned children in the
mosque of Symeiz in the southern Ukrainian Crimea. Dr. Ismail Kadi of ARRAID
found that the children attended the summer camp not only to rest, but to learn
more about Islamic morals, customs, and traditions.
Across
Borders
We
have a growing Muslim orphan population as a consequence of war and occupation
that has not been resolved, as in Afghanistan, Chechnya, Palestine, Bosnia,
Iraq, and so on. Many Muslims around the world wonder what happens to these
children, and in some cases, Muslims would like to foster. However, this might
lead to what could be considered as adoption, as the children would lose all contact
with their homeland and living relatives. Meanwhile, these children are no
better off remaining in their war-torn countries,
as they may be taken in by their living relatives, but in reality their
relatives cannot even provide for themselves, leaving all concerned to be faced
with malnutrition, disease, an unsafe environment, and a growing rate of
depression and trauma as a consequence of living under perpetual conflict and,
in some cases, total displacement.
When
Afghanistan was occupied by Russia, thousands of Afghan children were
orphaned, many of whom were sent to the Soviet Union for long-term
indoctrination. Some were trained as spies and assassins; others were herded
into Pakistan to end up living in squalor in refugee camps. In 1984, the Soviet
regime launched a program whereby thousands of children aged 6 to 9 years were
sent to the Soviet Union for 10 years to study. One Afghan woman recalled, “My
brother’s daughter was in that program.
She was seven years old, in school. One day she didn’t come home. Each day he
went to the school and they said, ‘Come tomorrow.’ After a week, he found
out that she was sent to the Soviet Union.” Professor Rasul Amin, formerly of
the Kabul University, stated at the time, “These orphan students are sent to
the Soviet Union because they don’t have any relatives. The Soviets and the
Khad (Afghan secret police) think they will be the hard core of communism in the
future. Other children might cry for their mothers and fathers, but these
children have no one to cry for.” (Laber)
Within
Islamic countries, the mechanisms to deal with their orphaned population relate
to Islamic law. For instance in Malaysia adoption is not common. Based on
Shari`ah, the process involves more care and consideration. In the last 10
years, only five children have been adopted and have received United States
immigration visas based on their adoption by American couples. The procedure is
governed by the Adoption Act 257 of 1952, and the child has to be personally
identified through a friend or a relative in Malaysia. The adoptive parents must
live with and care for the child for not less than three consecutive months
before petitioning the courts and high courts for the adoption order. When the
application is made, the court appoints a guardian for the child to safeguard
the interests of the child before the court. The guardian also investigates the
background of the child and the prospective parents. The guardian’s report is
presented to the court on the day of the hearing. The court might issue an
adoptive order or an interim order, awarding custody of the child to the
adoptive parents for a probationary period of not less than six months and not
more than two years. Governed by the Registration of Adoptions Act 1952, the
child has to be identified personally through friends and relatives in Malaysia
as well as through the Social Welfare Department. For foreigners, potential
parents are expected to stay in Malaysia for over two years to fulfill the
procedures, and generally non-Muslims are not allowed to adopt Muslim children.
Those wishing to adopt must live with and must have had continuous custody of
the child for not less than two years, providing evidence of maintenance, care,
and education with statutory declarations from the biological parents
relinquishing parental rights.
Adoption
in Bangladesh is also not common. Although a small number of
non-Bangladeshi’s are granted adoption, the emphasis is on guardianship or
fostering by Bangladeshis. In Iraq, adoption is not allowed and permanent
guardianship is not permitted by non-Iraqi’s. In Kazhakistan adoption
by foreign adopters does take place, albeit that the rate at which it was taking
place has slowed down due to a change in policy.
With
the recent tsunami disaster in Indonesia (2004), fears rose with reports
of Christian missionaries proselytizing among the victims and trafficking amidst
a growing number of orphans. One US-based Christian organization, WorldHelp,
amidst the confab and at the request of the Indonesian government, dropped its
intention to take 300 orphans from Aceh (a Muslim province) and place them in a
Christian orphanage (Cooperman). However, before the tsunami it was possible to simply
approach the orphanage, Jakarta Sayap Ibu Foundation, if one wanted to adopt a
child, and the process was completed after going through a procedure.
In
1989, there were 8,102 orphans entering America from India, the Philippines,
Russia, Georgia, Kazakhstan, and China. This rose to 19,237 in 2001. A total of
147,321 entered during the period 1989 to 2001. From that total, 63,508 orphans
came from countries with an established Muslim population. This is a difficult
issue when there are Muslim children who may be doomed to a life without hope,
except possibly in a home far away from everything that they know (Inter-State).
The situation plays on the hearts of those who observe the difficult
circumstances that these children face and attracts those who cannot have
children or feel that they cannot adopt children in their own countries because
children in the care system of the West tend to be older.
The
Adoption and Fostering System
 |
|
Iraqi
Orphanage
|
In
the case of Canada, Syed Mumtaz `Ali argues, “Through arbitration, these
problems could be resolved easily. … Both laws could be satisfied through
negotiations involving both the biological and adoptive parents in order to meet
the necessary requirement to provide for the child,” in order to ensure
the rights of the Muslim orphan. Previously this occurred outside of the
courtroom, diminishing the legal rights of the Muslim under Shari`ah.
Focusing on
Britain, orphans have their own problem with a growing orphan population amidst
a growing international orphan population. In England alone
-
61,100
children were in the care of local authorities on March 31, 2004
-
24,100
children started to be looked after during the year ending March 31, 2003
-
24,000
children ceased to be looked after during the year ending March 31, 2003
Of
those
-
11%
(7,000) of children looked after on March 31, 2004, were living in
children's homes
-
10%
(5,900) were living with their parents
-
5%
(3,300) were placed for adoption
-
68%
(41,600) were living with foster carers
-
6%
(3,400) were in other placements such as residential schools, lodgings,
and other residential settings (BAAF)
It
is believed that there are 200-300 inter-country adoptions in Britain every year
as parents send their children to the United Kingdom in hope of a better life
for them. Adopters are assessed by British social workers, a panel, and then
finally the Department of Health in liaison with the country concerned. Children
adopted internationally are in general younger than those orphans
in the United Kingdom.
With community pressure, the fostering and adoption laws in
Britain have taken a racial stance. From the experience of the black community,
the cases of black children who were adopted by white parents and who suffered
extreme identity crisis were too numerous to be considered acceptable.
Notwithstanding, the Muslim communities are content to see that a white Muslim
child be given to a black or Asian
Muslim family, but not a black Muslim child placed in a black Caribbean
Christian family. Unfortunately, the Race Relations Act has only recognized the
racial dimension and not the religious dimension, leading to a form of
discrimination. In the British Muslim journal Q-News, a British Muslim
journalist iterated the time when he and his wife wanted to adopt a Muslim child
of African parentage advertised at the time. They were turned down because “we
were not the right shade of brown.” The three-year-old child had been in care
for two years already whilst Brent Council in North London searched for African
Muslim adoptive parents! Foster Care Plus reports that of 58,000 children in
foster care, 10,000 of those are Muslims. The Commission for Racial Equality
proposed, with the support of Inner Cities Religious Council, an amendment to
the Public Order Act of 1986 to include discrimination on the grounds of
religion or belief.
The
government initiated a Quality Protects Program in 1998 as a result. They found
that of the 150 regional councils in 2000, only 9% upheld very good or good care
provision. In addition, a government review found that the process of adoption
was slow in recognizing prospective adoptive parents. The blame was placed on
the nature of the adoption panels themselves and the delay in completing reports
due to a mixed quality of social workers. Dispute arose over delays caused by
seeking same-race placements.
British
Muslim orphans are a product of marital breakdown, poor mental or physical
health of the parents, illegitimacy, abuse, disability; some have been sent to
the United Kingdom by relatives because of war or natural disasters elsewhere.
To face the growing demand, Britain’s Independent Adoptive Service launched a
major campaign to encourage more Muslim parents to come forward as adopters. For
example, the early 1990s bore witness to war in Bosnia. In response, Muslim
families wanting to adopt Bosnian children inundated Britain’s social services
department and Muslim organizations. This was a surprise to the agencies
involved, considering that there was a poor response from the British Muslim
communities to local Muslim orphans. As a result, the agencies involved refused
to facilitate adoption of Bosnian children, pointing to the local Muslim
children awaiting adoption. These same parents that came forward to adopt
Bosnian children withdrew their offers!
[And
they ask you concerning the orphans. Say: To set right for them (their
affairs) is good, and if you become co-partners with them, they are your
brethren.]
(Al-Baqarah 2:220)
Today,
the situation has improved a little with a mushrooming of Muslim fostering
agencies in the United Kingdom; however some include adoption. Sarah Sheriff of
the Association of Muslim Researchers suggested “permanent fostering” as an
alternative for Muslims, but this has yet to become a possible viable
alternative.
Fostering,
long- or short-term, offers several advantages.
-
Long
term permanent fostering allows for the children to maintain contact with
the birth parents and relatives.
-
Short-term
temporary fostering allows for the birth parents/relatives to get back on
their feet until they are better able to take care of the child.
-
Fostering
teenagers allows for them to cool off in a supportive environment where
they can mature emotionally.
-
Fostering
disabled children provides a short break for the parents.
Sponsorship
allows orphans (especially those in war-torn or disaster regions) to stay
in their homeland with relatives by providing financially for the
orphans’ upbringing.
If
Prophet Muhammad were born today and orphaned again by the age of eight, what
chance would there be for Muslims to learn what we still need to learn? Unless
we Muslims are ready to stand by our orphaned children through fostering and
sponsorship, to support the development of these children to become a part of
society with the contributions that they can make, we risk the future of our
children and the Ummah in more ways than one, and we weaken the fellowship that
Prophet Muhammad (peace and blessings be upon him) provided for all Muslims.
Read
Also:
Sources
Risu.org.
“Muslim Summer Camp For Orphans Opens In Crimea”. 3. 06/21/02. . Risu.org.
Religious Information Service of Ukraine. Religious
Information Service
Sheriff,
Sarah. “Adoption of Children Falls”. 24/04/98. Home News. The Muslim News. Adoption
of Children has Fallen.
Siddiqui,
Ataullah.Muslims
in Britain: Past and Present Accessed 07-04-05.
Travel.State.gov.
“International Adoption – Malaysia”. International
Adoption: Malaysia
Travel.State.gov.
Immigrant
Visas Offered to Children Coming into The U..S Accessed 07-05-05.
Travel.State.gov.
International
Adoption Accessed 07-04-05.
|
