Tuesday, November 6, 2012
From Professor Faisal Kutty of the Valparaiso University School of Law writing for the Jurist:
Conventional wisdom — among both Muslims and non-Muslims — holds that adoption, as practiced in much of the Western world, is alien and prohibited by dictates of Islam. This, of course, ignores the sophistication and nuances of both Western law and Islamic dictates. Indeed, adoption rights activists have struggled to find ways around the difficulties this simple binary causes for some children and prospective adoptive parents. With the growth of the Muslim population in the West, there is now an increased urgency to tackle this issue as some Muslims wish to adopt children from jurisdictions governed by Islamic law.
Four recent developments in the context of Islam and adoptions, including the European Court of Human Rights (ECHR) decision of October 4, 2012 (though not yet final), in Harroudj v. France, provide for some optimism that we may be at the cusp of a sea change in this area.
Read more here.