Islamic law does not recognise adoption as such in that it prohibits the legal fiction that a child becomes the child of the adoptive parents. There is a specific injunction in the Qur’an which states:
…Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers; that is juster in the sight of Allah. But if you know not their father’s (names, call them) your brothers in faith, or your trustees. But there is no blame on you if you make a mistake therein. (What counts is) the intention of your hearts. And Allah is Oft-Returning, Most Merciful.
(Qur’an 33:4-5)
Kafala is a concept of Islamic law meaning the long term fostering of a child without the right to kinship. While kafala results in placing the child securely with a caring family, it does not allow the actual adoption of a child and a change e.g. in his/her inheritance rights.
The English courts have dealt with kafala arrangements – in the context of Jordan (In the Matter of the Adoption Act and in the Matter of J [2002] EWHC 766 (Fam) Fam Div); and Egypt (Z (A Child) (English Adoption: Egyptian Orphan), [2016] EWHC 2963 (Fam). The European Court of Human Rights dealt with an Algerian kafala case in Harroudj v France (43631/09) and a Moroccan case in Chbibi Loudoudi v Belgium(52265/10).
Andrew Allen QC 