An honourable Delhi court has recently suggested during the hearing of a Muslim woman’s plea that adoption is an inevitable reality irrespective of Muslim Personal Law’s rules and regulations. It ruled that an adoptee should be given all rights equivalent to a biological child. As adoption is illegitimate is Islam, this ruling is an absolute violation of Muslim Personal Law.
The government had brought “Adoption Law” on 23 May, 1972 in Rajya Sabha with the statement of the then minister for law Mr. H.R Gokhle that it was an important step towards the uniform civil code. According to the article 13 (2) of the bill, “The adopted child would be considered like a biological child in all matters, even in the case of father’s death without a will; the adopter would be considered like his real father equivalent to a lawful biological father from the date of adoption order. The relation of adopted child with the family of his birth would be considered void and it would be considered valid with the adopter’s family from the same date.
Islamic organizations protested against the anti-Islamic ruling with all their might and Muslim Personal Law Board was formed at the historic convention held in Mumbai on 27/28 Dec.1972. After this vehement protest, this issue was temporarily kept in cold storage, but this Pandora’s box has again been opened. Our honourable courts keep attacking Muslim Personal Law Board from time to time. The issue of adoption is clarified with the following Aayat-e-Kareemah.