Haeri, M., Farshbaf, H., Ahmadnejad, K., bahariansharghi, K. (2025). Re-reading the issue of adoption in the light of the rule of negation. , (), -. doi: 10.22067/jfiqh.2025.90462.1861
Mohammad Hassan Haeri; Haniyeh Farshbaf; Khadije Ahmadnejad; kosar bahariansharghi. "Re-reading the issue of adoption in the light of the rule of negation". , , , 2025, -. doi: 10.22067/jfiqh.2025.90462.1861
Haeri, M., Farshbaf, H., Ahmadnejad, K., bahariansharghi, K. (2025). 'Re-reading the issue of adoption in the light of the rule of negation', , (), pp. -. doi: 10.22067/jfiqh.2025.90462.1861
Haeri, M., Farshbaf, H., Ahmadnejad, K., bahariansharghi, K. Re-reading the issue of adoption in the light of the rule of negation. , 2025; (): -. doi: 10.22067/jfiqh.2025.90462.1861
Re-reading the issue of adoption in the light of the rule of negation
1Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran
2PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Islamic Azad University of Mashhad, Mashhad, Iran
3Master's degree student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University, Mashhad, Iran
4Master's student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Ferdowsi University, Mashhad, Iran
Abstract
Adoption means that a person adopts a child who is not his or her biological child. The relationship established between the adoptee and adopter is exclusively legal. Adoption is recognized in legal systems around the world today. It was prevalent prior to the emergence of Islam and was also customary until the early days of Islam. However, the Holy Quran has denied absolute adoption and deemed it to be limited and restricted.
The purpose of this article is to answer the question whether or not it is possible to invoke the rule of distress and constriction negation to legitimize adoption?
This study, carried out using a descriptive-analytical method, has come to the conclusion that if implementing Mahramiat solutions between the adoptee and adoptive parents proves infeasible, and it is difficult to adhere to certain Shariah rules, such as those regarding hijab and looking and physical contact within family relationships, to the extent that the custom confirms the difficulty according to the traits of the individual, the necessity of observing these rules is revoked to the extent that it eliminates the difficulty.
