The Legal Lock



Adoption By All – Juvenile Justice (Care and Protection of Children) Act 2000

child custody

Adoption by the transfer of a son/daughter to the family in which he or she was born, is transferred to another family as a gift from his or her biological parents to his or her biological parents. Islam does not recognize discovery.

There is nothing in the Mohammedan Law to be found as recognized in the Hindu system.

Is Adoption Legal Under Islam Laws?

If adoption means giving a loving home and family to an orphaned/abandoned child and caring for and nurturing it as you would to your own child, the answer is YES! The only thing illegal is to try to change the child’s blood identity – in fact, which is not logically possible. Islam fully allows Muslims to raise unborn children, care for them, and to support them financially, emotionally and spiritually, but they must name the children by the names of their biological fathers.

Adoption Not Recognized Under Islam Laws

Islam does not recognize discovery. As has been the case with Mohammed Allahabad Khan Vs Mohammad Ismail, there is nothing in Mohammed’s Law that is similar to adoption as recognized in the Hindu System.

The recognition of fathers under Islamic law is the closest thing to attain. The material difference between the two can be attributed to the fact that in the acquisition, the acquirer is the known son of another person, while one of the essential elements of the acknowledgement is that the acquittal must not be known as the son of another.

However, an acquisition can be made at an orphanage with the approval of the Court under the Guardians and Wards Act. It cannot be said that the Holy Quran forbids the acquisition of Muslims on absolute terms.

Also, the custom of adoption among Muslims has been adhered to and the Muslim Personal Law (Shariat) Application Act, 1937 does not invalidate the custom of adoption among Muslims.

Adoption By All

The right to adoption – currently limited to Hindus, Buddhists and Jains – now extends to Muslims, Christians, Jews, Parsis and all other communities.

In a landmark decision, the Supreme Court ruled that anyone can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 regardless of religion or even the personal laws of a particular religion. allow it.

This decision will pave the way for the creation of a common social order and allow millions of orphaned children to find stable homes, regardless of the religion of the adoptive parents.

“The JJ Act 2000 is a national law that allows any person, regardless of religion, to adopt a child. “Beliefs and personal beliefs, while they must be respected, cannot determine the effectiveness of the provisions of the permissive law,” concluded the bench headed by Chief Justice P. Sathasivam.

This decision is important as there are more than 12 million orphaned children in India but on average only 4,000 are born every year.

“Until now Muslims, Christians, Jews and those from the Persian community had the power to guard only when a person has a legal right to a child until adulthood. Blood parents have the right to intervene at that time.

Still Not A Right

However, the court rejected the application for a declaration of the child’s right to adoption and the parent’s right to a fundamental right under the Constitution, saying that the order could not be passed at this time because of conflicting practices and beliefs.

Calling the JJ Act “a small step in the development of the same public code”, the court said: “A person remains free to take or choose not to do and, instead, to follow the precepts of human law. the same social order.”