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Orphans In Islam
Islamic views on adoption are generally distinct from practices and customs of adoption in other non-Muslim parts of the world like Western or East Asian societies. Adoption in the western sense of the word is not recognized in Islam. Description Raising a child who is not one's genetic child is allowed and, in the case of an orphan, even encouraged. But, according to the Islamic view, the child does not become a true child of the "adoptive" parents. For example, the child is named after the biological, not adoptive, father. This does not mean raising a non-biological child is not allowed. It means that the sponsored child doesn't carry the same name as its sponsoring parents. In Islam it is considered a blessing to take care of an orphan, in fact it is considered a duty to some. Thus many Muslims say that it is forbidden by Islamic law to adopt a child (in the common sense of the word), but permissible to take care of another child, which is known in Arabic as (''kafāla''), an ...
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Islamic Marital Jurisprudence
In Islamic law (''sharia''), marriage (''nikāḥ'' نکاح) is a legal and social contract between a man and a woman. In the religion of Islam it is generally strongly recommended that adherents marry. A ''nikāḥ'' marriage has a number of requirements and restrictions under shariah. Amongst them are that a gift known as a '' mahr'' be given by the groom to the bride; that the bride, groom and guardian for the bride (wali), give their legal consent to the marriage and that there be no coercion; that there be two witnesses from each side to the signing or accepting of the contract; that the bride and groom not be of the same gender, not be brother and sister, mother or father, aunt or uncle, or other close relatives, but may be first cousins; that the man not have more than four wives at any one time, and the woman more than one husband. Requirements and restrictions on marriage There are many hadith recommending marriage in general, but depending on the circumstances, a ...
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Ijtihad
''Ijtihad'' ( ; ' , ) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with '' taqlid'' (imitation, conformity to legal precedent). According to classical Sunni theory, ''ijtihad'' requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence ('' usul al-fiqh''), and is not employed where authentic and authoritative texts (Qur'an and hadith) are considered unambiguous with regard to the question, or where there is an existing scholarly consensus ('' ijma''). ''Ijtihad'' is considered to be a religious duty for those qualified to perform it. An Islamic scholar who is qualified to perform ''ijtihad'' is called a "'' mujtahid''". For first five centuries of Islam, the practice of ''ijtihad'' continued in theory and practice among Sunni Muslims. It then first became subject to dispute in the ...
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Adoption Law
Adoption law is the generic area of legal theory, policy making, legal practice and legal studies relating to law on adoption. National adoption laws National, or domestic, adoption laws deal with issues such as step-parent adoption, adoption by cohabitees, Single parent#Single-parent adoption, adoption by single parents and LGBT adoption. Adoption laws in some countries may be affected by religious considerations such as adoption in Islam. Specific laws Laws vary widely from country to country and in the likes of adoption in the United States, United States, from state to state. Intercountry adoption laws Intercountry adoption laws vary widely.Cynthia R. Mabry, Lisa Kelly Adoption Law: Theory, Policy and Practice -- 2006 - Page 459 "Some prospective adoptive parents choose certain countries because the country's adoption laws are more favorable to foreign adopters. Other prospective parents choose a particular country because more infants are available immediately." Reference ...
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Adoption And Religion
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. History Antiquity Adoption for the well-born While the modern form of adoption emerged in the United States, form ...
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Salim Ibn Abd-Allah
Sālim ibn ʿAbd Allāh ibn ʿUmar ibn al-Khaṭṭāb was a well known narrator of hadith (sayings of Muhammad), many of which he related first hand from either his father, Abd Allah ibn Umar (died 693), or his grandfather, the caliph Umar (r. 634-644). His paternal aunt was Hafsa bint Umar, one of Muhammad's wives. Salim is mentioned in Malik ibn Anas's Muwatta regarding the Islamic practice of ''rada'a'', where a woman becomes unmarriageable kin (''mahram'') by means of suckling: "Yahya related to me from Malik from Nafi that Salim ibn Abd Allah ibn Umar informed him that A'isha ''umm al-mu'minin'' sent him away while he was being nursed to her sister Umm Kulthum bint Abi Bakr and said, "Suckle him ten times so that he can come in to see me." Salim said, "Umm Kulthum nursed me three times and then fell ill, so that she only nursed me three times. I could not go in to see A'isha because Umm Kulthum did not finish for me the ten times."Imam Malik, Muwatta: Book 30, Number ...
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Kafala System
The kafala system or kefala system ( , ) is a system in the Middle East that involves binding migrant workers to a specific employer throughout the period of their residence in a country. It currently exists in many Arab countries, especially those on the Arabian Peninsula. A similar "binding system" existed in Israel until 2006, when the Israeli Supreme Court addressed and eliminated it.https://people.socsci.tau.ac.il/mu/adrianakemp/files/2017/03/Kemp_et_al-2014-International_Migration_Review.pdf The system, which blocks domestic competition for overseas workers in the Arab countries of the Persian Gulf, requires migrant workers to have an in-country sponsor, usually their employer, who is responsible for their visa and legal status. This practice has been criticized by human rights organizations for creating easy opportunities for the exploitation of workers, as many employers confiscate their migrant workers' passports and abuse them with little chance of legal reperc ...
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Cultural Variations In Adoption
There are several notable cultural variations in adoption. Adoption is an arrangement by which an orphaned child or one whose biological parents are unable to care for them is "adopted". While all societies make provision for the rearing of children whose own parents are unavailable to care for them, cultures and legal systems treat an adopted child in different ways ranging from equivalent status to legitimate biological children to guardianship. There are variations regarding inheritance of property and rank, for example, under a system of adoption, if a parent dies intestate, the adopted child stands in exactly the same position regarding inheritance as a biological child. Inheritance of rank varies across jurisdictions and time periods, in pre-modern Japan, a child could inherit the parent's aristocratic title or ''samurai'' rank, whereas in the United Kingdom (which only introduced legal adoption in 1926), only a biological child could inherit an aristocratic title, even if r ...
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Faisal Kutty
Faisal Kutty is a lawyer, academic, writer, public speaker and human rights activist. He served as an adjunct professor at Osgoode Hall Law School and is an Associate Professor of Law Emeritus at Valparaiso University. He has previously taught at Dwayne O. Andreas School of Law of Barry University and guest lectured at dozens of universities around North America. His columns regularly appear in The Toronto Star, Newsweek, Al Jazeera English, Middle East Eye, Zeteo, The Hill Times and Madhyamam. His columns previously appeared in the National Post and The Express Tribune. He previously served as the Canadian correspondent for the Washington Report on Middle East Affairs. He blogged at the ''Huffington Post''. His articles have appeared in other publications around the world, including ''The Globe and Mail'', ''Toronto Star'', Arab News, Counterpunch, The Indian Express, The Jakarta Post, Al-Ahram Weekly and Al Jazeera. Early life Faisal Kutty is a Canadian. His parent ...
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Ijma
Ijma (, ) is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard it as one of the secondary sources of Sharia law, after the Qur'an, and the Sunnah. Exactly what group should represent the Muslim community in reaching the consensus is not agreed on by the various schools of Islamic jurisprudence. Some believe it should be the Sahaba (the first generation of Muslims) only; others the consensus of the Salaf (the first three generations of Muslims); or the consensus of Islamic lawyers, the jurists and scholars of the Muslim world, i.e. scholarly consensus; or the consensus of all the Muslim world, both scholars and lay people. The opposite of Ijma (i.e., lack of consensus on a point of Islamic law) is called '' ikhtilaf''. Proof of the validity of Ijma In the Quran Imam Al-Shafi'i was once approached by an old man who asked for proof of Ijma from the Quran. Imam Al-Shafi'i went home and recited the ...
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Ulama
In Islam, the ''ulama'' ( ; also spelled ''ulema''; ; singular ; feminine singular , plural ) are scholars of Islamic doctrine and law. They are considered the guardians, transmitters, and interpreters of religious knowledge in Islam. "Ulama" may refer broadly to the educated class of such religious scholars, including Theology, theologians, Religious law, canon lawyers (muftis), judges (qadis), professors, and high state religious officials. Alternatively, "ulama" may refer specifically to those holding governmental positions in an Islamic state. By longstanding tradition, ulama are educated in religious institutions (''madrasas''). The Quran and sunnah (authentic hadith) are the scriptural sources of Sharia, traditional Islamic law. Traditional way of education Students of Islamic doctrine do not seek out a specific educational institution, but rather seek to join renowned teachers. By tradition, a scholar who has completed their studies is approved by their teacher. At ...
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Women's Islamic Initiative In Spirituality And Equality
Women's Islamic Initiative in Spirituality and Equality (WISE or WISE Muslim Women) is a global organization dedicated to promoting women's rights, and social justice which is led by Muslim women. WISE takes the stance that patriarchal culture, not Islam, takes away women's rights and helps Muslims feel that they do not have to choose between their religion and their rights. The organization is able to provide Muslims around the world with a place and platform to discuss interpretations of the Quran, confront harmful traditions and prejudice and also to raise awareness of women in Islam. As an international movement, it has been considered by scholar and social scientist, Julie Pruzan-Jørgensen, to "hold important potentials for strengthening Arab women's authority and for pushing for reform of patriarchal practices." WISE is sponsored by the New York-based American Society for Muslim Advancement (ASMA). Programs WISE sponsors conferences, like the 2010 conference in Malaysia ...
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Adoption
Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from the biological parents to the adoptive parents. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption, while others used less formal means (notably contracts that specified inheritance rights and parental responsibilities without an accompanying transfer of filiation). Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations. History Antiquity Adoption for the well-born While the modern form of adoption emerged in the United States, ...
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