adoption-guardianship -habeas corpus ???
Advocate.S.A.Siddiq
(Querist) 05 May 2011
This query is : Resolved
Dear sir
I Need ur ideas & CITATIONSin the below case...
1, A muslim Husband & Wife are living together.
2,Mother gave her female child to her sister as adoption, adoption deed execute and registered , both husband wife are signed.
3.Her sister got the guardianship order from district court -exparte ( the child was abandoned by biologiacal parents- false claim)
4. Now the child was sister custody, But two families are living together.
5. Presently enmity was created. Now biological parents wants to files a suit of Habeas corpus in High court to see her child & also for an order of custody.
I'm infovour of the biological parents. Pls give CITATIONS and other usefull points to get the child from her adoptive parents
As islamic law adoption in view :-
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 render 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:
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.
An adopted child inherits from his or her biological parents, not automatically from the adoptive parents.
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.
If the child is provided with property/wealth from the biological family, adoptive parents are commanded to take care and not intermingle 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.
abhay dholakiya
(Expert) 05 May 2011
i think u cannot file habious corpus in this type of case court should be reject ur petition
abhay dholakiya
(Expert) 05 May 2011
u also say that in your case adoption deed execute and registered so i think that point is also against u
Guest
(Expert) 07 May 2011
I dont think that habeas corpus can be used for adoption guardianship purpose.
