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Orphans

  • Date Submitted: 01/04/2011 03:08 AM
  • Flesch-Kincaid Score: 42 
  • Words: 3503
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Helene Lauffer knew Muslim children — orphaned, displaced, neglected — needed homes in the United States. She knew American Muslim families wanted to take them in.
But Lauffer, associate executive director of Spence-Chapin, one of the oldest adoption agencies in the country, couldn't bring them together.
The problem was a gap between western and Islamic law. Traditional, closed adoption violates Islamic jurisprudence, which stresses the importance of lineage. Instead, Islam has a guardianship system called kafalah that resembles foster care, yet has no exact counterpart in western law.
The differences have left young Muslims with little chance of finding a permanent Muslim home in America. So Lauffer sought out a group of Muslim women scholars and activists, hoping they could at least start a discussion among U.S. Muslims about how adoption and Islamic law could become compatible.
"At the end of the day, it's about trying to find families for kids," said Lauffer.
Lauffer is not alone in raising the issue. As Muslim communities become more established in the United States, pressure is building for a re-examination of Islamic law on adoption.
Refugee children from Afghanistan, Iraq and elsewhere are being resettled here. Muslim couples who can't conceive want to adopt, but don't want to violate their faith's teachings. State child welfare agencies that permanently remove Muslim children from troubled homes usually can't find Muslim families to adopt them because of the restrictions in Islamic law.
"I get all kinds of families who come to me for fertility issues. They want to adopt and they want to adopt Muslim children and I'm thinking this is a crime that they can't," said Najah Bazzy, a nurse and founder of Zaman International, a humanitarian service group in Dearborn, Mich. "No one is going to convince me that Islam makes no allocation for this. Either somebody is not interpreting it right, or it needs to be reinterpreted."
Mohammad Hamid, a clinical...

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