The Orphan Care Project

We, as American Muslim scholars and experts, declare a State of Emergency regarding orphan and abandoned children. Islam consider the care for orphans an act of piety and a communal responsibility (Fard Kifaya), which demands that the Muslim community collectively prioritize the welfare of every orphan and abandoned child. We encourage American Muslims to be engaged in the foster care system and guardianship.

The American Muslim community is facing difficulties with respect to children in need. There are many Muslims currently in the foster-care system due to substance abuse, mental health issues of a guardian, homelessness, extreme poverty, physical abuse, domestic violence, sexual abuse, the death of a guardian, and war (in the case of refugees). Although this type of child neglect or abuse is found in all communities, our obligation begins with the Muslims. Domestic foster-care is typically a short-term circumstance, unless parental rights have been terminated. For many foster children, their birth parents are living, however cannot care for their children.

Unfortunately, Muslim families in the West, specifically the US, have shown increased reluctance in fostering or being guardians of non-relative children. This is primarily due to the general lack of clarity about the American Family law, which confused many Muslims into thinking there is no alternative to adoption. Other discouraging factors include the lack of a support network, adverse environmental conditions, cultural dissent, financial restrictions, language barriers, and potential legal ramifications.

Despite these factors, Muslims need to get involved and help care for orphaned and abandoned children. The Quran describes orphans as “your brothers in faith or those entrusted to you.” 33:5. In Islam, the wellbeing of the child is the primary 2 consideration in all decisions relating to children. God directs Muslims to protect and care for orphans as a virtue: “They ask you concerning orphans. Say: “The best thing to do is what is for their good; if you mix their affairs with yours, they are your brethren; but God knows the one who means mischief from the one who means good. And if God had wished, He could have put you into difficulties: He is indeed Exalted in Power, Wise.” (2:220).

The Prophet, peace be upon him, who was orphan, encouraged and practiced the doctrines of guardianship or kafalah; Sahl ibn Sa’d reported: The Prophet, peace and blessings be upon him, said, “The one who cares for an orphan and myself will be together in Paradise like this,” and he held his two fingers together to illustrate. (Ṣaḥīḥ al-Bukhārī 5659)

With this clear divine directive to care and protect orphans like one’s own family, the jurists developed the Islamic doctrines of guardianship/kafalah or long-term foster care to meet the needs of children who are without proper care or biological families. In addition to the express directive of taking orphans in and caring for them in the Quran, guardianship and fosterage is also based on fundamental Islamic principles of generosity, charity, responsibility for the needy in our society and the protection of the vulnerable.

In sum, there is a growing number of Muslim orphans and abandoned children, but a limited availability of Muslim caretakers. The consequences of this disparity leaves thousands of children without a basic family structure, a proper upbringing, and a suitable education that gives them a chance to contribute positively to the world. Exploring permanent care, such as kinship care, long-term foster care and special guardianship must be part of Muslims religious and civic responsibility. Therefore, it is our role as Muslims to work together as world citizens, scholars, intellectuals, social workers, lawmakers, lawyers, mental health professionals, religious leaders, educators, and activists to assist in taking the necessary steps to support all initiatives that aim to provide for the caring of orphans and abandoned children, and to bind together as a community to ensure we have enough Muslim foster parents and guardians so that no child is lost to the system.

PLAN TO ACTION

General Goals| Local and National

 Raise awareness and Increase Number of Licensed Muslim foster Homes

 Support Licensed Foster Families

 Support Muslim Foster Children

 Educate foster care agencies on the unique needs of Muslim children in the foster care system and beyond

 Collaborate with other social, legal and religious organizations on shared goals

Academic Community| There is a need for studies and research that generate data about:

 Number of Muslim heritage children in Local and national Authority care over the last five years, ages of children and any complex needs.

 Trends in the statistical data that correlated with qualitative evidence and socio-political contexts including assessment of the care system and the condition of children in the system.

 Statistics and data that examine the number of the prospective parents coming forward from Muslim heritage backgrounds

 Intensive research and studies that produce new and profound knowledge on mental health, child psychology, parenting and other related fields

 Comprehensive Assessment mechanism should be developed in order to ensure the wellbeing of the children in every aspect physically, emotionally, legally, mentally, spiritually and intellectually.

Professionals and Practitioners| It is important for all the scholars, experts and professionals in the legal, social and religious fields to work collectively in order to:

 Define the best laws and practices related to orphan and abandoned children care

 Define the main Obstacles and Challenges related to orphan and abandoned children care

 Provide guidance and recommendations to all the people and institutions are involved in the orphan and abandoned children care

 Increase the numbers of Muslim child protection advocates/social workers and mental health professionals.

 Join child placement review boards.

 Policy Brief that summarize research findings and present policy recommendations

Religious Leaders and Institutions|

 Work collaboratively with all the above groups

 Encourage and prepare the community for this positive culture change and help to create a compassionate community.

 Prioritize orphan care and set special training and teaching programs that strengthen the familial relations, educational system and support groups.