In the name of Allah,
The Entirely Merciful, The Especially Merciful
Praise is due to Allah, Lord of the worlds, may the blessings and peace be upon our master Muhammad, the seal of Prophets, on his family, and all his companions.
Resolution No. 245 (7/25)
Issue of Foundlings and Births of Unknown Parentage from a Sharia Perspective
The Council of the International Islamic Fiqh Academy of the Organization of Islamic Cooperation, holding its 25th session in Jeddah, Kingdom of Saudi Arabia, on 29 Rajab – 3 Shaaban 1444H (20-23 February 2023),
Having examined the research papers submitted to the Academy concerning the Issue of Foundlings and Births of Unknown Parentage from a Sharia Perspective,
Having listened to the discussions and deliberations of the Academy’s members and experts,
Resolves
First: A foundling refers to a child whose parents are unknown, and who has been rejected or lost. A child of unknown parentage refers to a child whose parents could not be identified due to war, natural disasters, or other causes; it also includes a child whose mother is known and whose father is unknown, as well as a child whose father is illegitimate.
Second: The care of foundlings and children of unknown parentage is farḍ kifāyah or a duty of sufficiency (i.e. if a sufficient number of the community fulfills this duty, others are not required to do it[1]) and it is one of the state’s responsibilities to care for them when there is no sponsor available. This care includes the right to custody, expenses, education, healthcare, protection from anything that threatens their life and safety, and the provision of all the elements necessary for a decent life.
Third: A child of unknown parentage should be affiliated to the person who claims him or her, as long as there is no rational or material evidence against it, or to the person whose biological paternity has been proven by a Sharia-approved method. The father whose paternity has been proven is to be obligated to provide and care for the child.
Fourth: The foundlings and children of unknown parentage must be given a respectable name and surname, as well as the nationality of the country where they were found.
Fifth: All the same inalienable civil and religious rights as everyone else are well-established to the foundling and the child of unknown parentage. It is forbidden to slander or disrespect them. Anyone who may do so should be subject to taazir (discretionary punishments) to deter others from doing the same.
Sixth: It is not permissible to hand over a foundling and a child of unknown parentage to non-Islamic authorities and organizations, or to untrustworthy individuals.
Recommendations
- Urging governments to enact laws and regulations, and to take necessary measures to ensure the care for and protection of foundlings and children of unknown parentage.
- A man who takes in a foundling must arrange for their breastfeeding by his wife or by another woman whose breastfeeding will establish a mahram relationship, such as his daughters. This is so that as the child grows up, feels having its own family, to whom he or she belongs, and being part of a family that cares for them and shows love and compassion.
- Encouraging all Muslims, as individuals and charitable organizations, to care for foundlings and children of unknown parentage, to sponsor them, and establish care centers to support and raise them, especially in countries most affected by disasters, wars, and crises.
Indeed, Allah is All-Knowing.
[1] By contrast, “fard ‘ayn” refers to an individual obligation that is incumbent on every Muslim.
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