Re-reading the issue of adoption in the light of the rule of negation

Document Type : Original Article

Authors

1 Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran

2 PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Islamic Azad University of Mashhad, Mashhad, Iran

3 Master's degree student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University, Mashhad, Iran

4 Master's student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University, Mashhad, Iran

Abstract

Adoption means that a person adopts a child who is not his or her biological child. The relationship established between the adoptee and adopter is exclusively legal. Adoption is recognized in legal systems around the world today. It was prevalent prior to the emergence of Islam and was also customary until the early days of Islam. However, the Holy Quran has denied absolute adoption and deemed it to be limited and restricted.

The purpose of this article is to answer the question whether or not it is possible to invoke the rule of distress and constriction negation to legitimize adoption?

This study, carried out using a descriptive-analytical method, has come to the conclusion that if implementing Mahramiat solutions between the adoptee and adoptive parents proves infeasible, and it is difficult to adhere to certain Shariah rules, such as those regarding hijab and looking and physical contact within family relationships, to the extent that the custom confirms the difficulty according to the traits of the individual, the necessity of observing these rules is revoked to the extent that it eliminates the difficulty.

Keywords

Main Subjects


CAPTCHA Image

Articles in Press, Accepted Manuscript
Available Online from 08 June 2025
  • Receive Date: 02 November 2024
  • Revise Date: 16 April 2025
  • Accept Date: 08 June 2025