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Browsing Art by Subject "Adoption, Kafalah, Islamic law"
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Item Open Access SITUATING THE MISCONCEPTIONS ON ISLAMIC LAW POSITION ON ADOPTION AMONG MUSLIMS AND NON-MUSLIMS IN ITS PROPER PERSPECTIVE(Department of Public and International Law, Nasarawa State University Keffi, 2017-11-13) Adedoyin-Raji, J.O.; Yusuph, Abdulwahid Abdulraheem; Zubaedy, Abdurroheem AbdulganiyuIslam, from which Islamic law is derived, teaches Muslims to treat their neighbours kindly and protect them and respect their rights. Under Islamic law, there are misconceptions amongst Muslims and Non - Muslims in Nigeria and the World over, as to whether, Islamic law prohibits adoption or not, due to the misinterpretation of the provisions of the Qur 'an on adoption, which this study intends to correct, though it is a common knowledge that, adoption is also recognized under the Western/Common law. Thus, this study examines adoption, the laws regulating it under Islamic law and the positions of laws in other jurisdictions. The study relies on the Qur’an, Islamic law books, Common law books, articles in journals and internets. The study reveals that, the cause (s) of the misconceptions, is centered on the adoption of Zaid Ibn Harithah by Prophet Muhammad (SAW) and its legal implications on adoption. Under Islamic law, as different from Western/ Common law, the principle and integrity of biological relationship is recognized and preserved for adoption. The study concludes that, Islamic law does not just recognizes adoption, but rather permits it, as a means that entails enormous rewards in this world and the hereafter.