Feb 1, 2016
Iran wants to legislate, a bill passed by its parliamentarian where the father is authorized to marry his adopted daughter if she is in the age of 13
In Islamic Republic of Iran it is not illegal or ineligible but must be validated legally, morally & medically if physical status of the girl and the given puberty age falls i.e. 13 and from medical perspective if the girl has been matured or she has the sign & symptoms of pubescence plausibly, said a senior medical doctor.
To marry age limitation of a girl is not a universal guideline but it goes different among states - depends on country’s geographical status and standard of living of the girl and boy.
Activists says in the light of Iran parliamentarians move it will facilitate the caretaker of a family to marry his or her adopted child if a court rules that it is in the interests of the individual child.
But it does not look good that you nourished, cared and fed the child as adopted son and adopted daughter and when they groomed and arrived at puberty then you go to marry with him if you are a mother and marry with her if you are a father! Really seems nuisance & sick feeling, said well renowned Islamic scholar.
How it sounds you appropriate and your conscience accepting as a spouse to whom you have been bringing up, raising and keeping under your fosterage, asked by an agent of human rights? Does it not look you obscene and awkward?
Such legislation to marry with adopted son and adopted daughter [undoubtedly] has been controversial and looking the attestation and endorsement by the team of Iran's Guardian Council, Clerics and Jurists who will check its impact in the society, merits and demerits, the pros and cons where the verdict of the council to follow.
As per Islamic republic of Iran girls can marry as young as 13 provided they have the permission of their father & boys can marry after the age of 15. And the girl under the age of 13 can marry but she needs permission of a judge whereas marrying stepchildren is forbidden under any circumstances.
In Iran 42,000 children aged between 10 and 14 had been married in 2010 and in Tehran alone 75 children under the age of 10 were wed.
Shadi Sadr, a human rights lawyer is of the view that legalizing the bill to marry with adopted children will lead to pedophilia; it's not part of the Iranian culture to marry your adopted child.
Obviously incest exists in Iran more or less its happening across the world where an adult who is sexually attracted to children, legalizing such moves will be endangering our children and normalizing this crime in our culture, morally repugnant, abhorrence and detestable unequivocally.
The human rights activist Shadi Sadr added further that you should not be able to marry your adopted children - if a father marries his adopted daughter who is of course a minor, and has sex, that's rape & it will fall under the definition of adultery and one thing more noticeable is the major age difference between the girl and the father.
How convenient you will be to move the life ahead with a child or with immature lady who is just 13 & has been under patronage as a guardian, you helped her and now developing sexual relationship, said a Journalist.
It is vivid translating this bill you can be a pedophile and get your bait in the pretext of adopting children," Sadr said. Some experts believe the new bill is contradictory to Islamic beliefs and would not pass the Guardian Council.
An initial draft of the bill, which had completely banned marriage with adopted children, was not approved by the council and it is feared that Member of Parliament introducing the condition for marriage may convince and justify the Jurists & Clergymen, the human rights Activists Sadr fears.
One of the reformist newspaper Shargh articulated ‘’How can someone be looking after you and at the same time be your husband and Children can't be safe in such a family." the article asked.
The head of Iran society Shiva Dolatabadi protecting children's rights, has also warned, that the parliament is legalizing incest. "You cannot open a way in which the role of a father or a mother can be mixed with that of a spouse" she said.
Islamic legal rulings about foster parenting and adoption
Adopted son or adopted girl is not biological or real son & daughter so marriage is eligible with adopted child because their adoption is just to shelter & foster them as a guardian not as real father or real mother.
And there is no legality or eligibility from any shade of thoughts to claim their share in heritance as admissible to a real biological son and daughter.
The Prophet Muhammad (peace be upon him) once said that a person who cares for an orphaned child will be in Paradise with him, and motioned to show that they would be as close as two fingers of a single hand.
An orphan himself, Muhammad (peace be upon him) paid special attention to the care of children. He himself adopted a former slave and raised him with the same care as if he were his own son.
However, the Qur’an gives specific rules about the legal relationship between a child and his/her adoptive family. The child’s biological family is never hidden; their ties to the child are never severed. The Qur’an specifically reminds adoptive parents that they are not the child’s biological parents:
“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)
The guardian/child relationship has specific rules under Islamic law, which renders the relationship a bit different than what is common adoption practice today.
The Islamic term for what is commonly called adoption is kafala which comes from a word that means “to feed.” In essence, it describes more of a foster parent relationship. Some of the rules in Islam surrounding this relationship:
ü An adopted child retains his or her own biological family name (surname) and does not change his or her name to match that of the adoptive family.
ü An adopted child inherits from his or her biological parents, not automatically from the adoptive parents.
ü When the child is grown, members of the adoptive family are not considered blood relatives, and are therefore not Muhrim to him or her.
“Muhrim” refers to a specific legal relationship that regulates marriage and other aspects of life.
Essentially, members of the adoptive family would be permissible as possible marriage partners, and rules of modesty exist between the grown child and adoptive family members of the opposite sex.
When couples are unable to have children by natural means or artificial insemination, they can choose to adopt children. But to register those children under their names, making them beneficiaries of their inheritance is against religion (Islam).
ü When the adopted children reach puberty – and as they are of no blood relation to the parents – marrying with them becomes lawful according to Islam.
ü Therefore, according to Islam it is not permissible for the mother to be alone with a male adopted child, and for the father to be alone with the female adopted child in any place, at any time.
ü Infertility may be the result of some disorder and to seek medical remedy and cure is the couple’s duty. When this does not help, in vitro fertilization becomes permissible but only when the sperm and the egg of the couple is used.
Using donor sperm or egg is forbidden in Islam.
ü If they cannot succeed in fertilization with their own (sperm and egg) the couple must accept the divine providence and live without children, in obedience to their faith.
ü If the child is provided with property/wealth from the biological family, adoptive parents are commanded to take care and not inter-mingle that property/wealth with their own. They serve merely as trustees.
These Islamic rules emphasize to the adoptive family that they are not taking the place of the biological family — they are trustees and caretakers of someone else’s child. Their role is very clearly defined, but nevertheless very valued and important.
It is also important to note that in Islam, the extended family network is vast and very strong. It is rare for a child to be completely orphaned, without a single family member to care for him or her. Islam places a great emphasis on the ties of kinship
A completely abandoned child is practically unheard of. Islamic law would place an emphasis on locating a relative to care for the child, before allowing someone outside of the family, much less the community or country, to adopt and remove the child from his or her familial, cultural, and religious roots. This is especially important during times of war, famine, or economic crisis — when families may be temporarily uprooted or divided.
“Did He not find you an orphan and give you shelter? And He found you wandering, and He gave you guidance. And He found you in need, and made you independent. Therefore, treat not the orphan with harshness, nor drive away a petitioner (unheard). But the bounty of the Lord – rehearse and proclaim!”.............(Qur’an 93:6-11)
Tough it is not objectionable to marry with adopted child as they don't pertain to biological attachment with the family where the child grown up but morally it does not satisfy ones to have a sex as a spouse, so its better for Iranian council of jurist and clergymen to overrule the Bill passed on by parliamentarian.