Muslim law does not recognize adoption. The Prophet was against the institution of adoption. The following verses in the Koran are to this effect: “God has not assigned unto any man two hearts within his body nor hath He made your wives whom ye declare (to be your sons) your sons.
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This is but a saying of your mouths. But God speaks the truth and He shewth the way call them after their fathers. This will be more right before God. But if ye know not who their fathers are, then (they are) your brethren in the faith and your comrades”.
Before the Shariat Act, 1937, adoption among some Muslims was recognized by custom. Under the Oudh Act 1869, S. 29, a Muslim talukadar was permitted to adopt. But it seems, to a very great extent, the custom of adoption stands abrogated. (See Chapter I of this work). If no declaration under the Shariat Act, 1937, has been made, it is open to a person to plead and prove the custom of adoption and if he succeeds, it will be given effect to. In Jammu and Kashmir, adoption is recognized under custom.
Before the Hindu Adoptions and Maintenance Act. 1956, a Hindu convert to Islam could give his Hindu son in adoption. Now, after the coming into force of the Act, this cannot be done.