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PostPosted: Thu Aug 05, 2010 3:26 pm 
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This was in the Ann Dunham FOIA thread, but I would like to develop it more and have the info easier to find for birther battles.

This is a work in progress, but since the whole "Obama was adopted in Indonesia" nonsense has been stirred up by the FOIA paperwork, it seems timely to introduce this now.

I posted the below at Doc C's place. Corrections have been made and are easily noticed. All emphasis is mine.

LMK wrote:
I see that some are bringing up the Soetoro adopted Obama non-sense again. There isn’t any proof that this occurred; it is supposition.

A few years ago I was dating a Muslim man from Egypt, who had become an American citizen. He wanted children, as do I. But I have to adopt; my uterus isn’t very cooperative and I knew this before our relationship began. My relationship with Gamal ended because Islam isn’t adoption friendly. The Western idea of adoption doesn’t exist within Islam.

In many middle eastern countries and with Muslim families, adopting a child simply means that you take on the responsibilities of providing for that child in the orphanage or in school. Adopted children don’t come to often don't live with their adoptive families. Parents who adopt are much more like a sponsor than a parent for the children that they adopt.

I found this to be odd, until I discovered that Islam isn’t very adoption friendly.

In Islam, parent/child relationships are blood bound. Islam is very, very clear about this. The idea that a Muslim man would take on the legal role of a parent to the child of another Muslim man who is still living is absurd. This doesn’t mean that a child can’t be raised by someone that isn’t their blood relative. Mohammad was “adopted” in the Islamic custom.

Quote:
The guardian/child relationship has specific rules under Islamic law, which render the relationship a bit different than what is common adoption practice today. The Islamic term for what is commonly called adoption is kafala, which comes from a word that means “to feed.” In essence, it describes more of a foster-parent relationship. Some of the rules in Islam surrounding this relationship:

* An adopted child retains his or her own biological family name (surname) and does not change his or her name to match that of the adoptive family.

* An adopted child inherits from his or her biological parents, not automatically from the adoptive parents.

* When the child is grown, members of the adoptive family are not considered blood relatives, and are therefore not muhrim to him or her. “Muhrim” refers to a specific legal relationship that regulates marriage and other aspects of life. Essentially, members of the adoptive family would be permissible as possible marriage partners, and rules of modesty exist between the grown child and adoptive family members of the opposite sex.

* If the child is provided with property/wealth from the biological family, adoptive parents are commanded to take care and not intermingle that property/wealth with their own. They serve merely as trustees.



Quote:
Islamic regulations regarding adoption are generally distinct from practices and customs of adoption in the other non-muslim parts of the world like Western or East Asian societies. Contrary to what happens in the Western world, the social and jurisprudential understand is not that child formally leaves behind his or her identity as a member of his or her biological family and enters the one that raises them (the adoptive family). While raising a child who is not one’s genetic child is allowed and, in the case of an orphan, even encouraged, the child does not become a child of the “adoptive” parents. It is forbidden by Islamic law to adopt a child (in the common sense of the word). Instead, children retain membership to their original family. This is called in Arabic: kafala‎. This means, it is forbidden by Islam that the new father name the son after himself, and that the child is counted as a non-Mahram.[1] This can be sidestepped by having the child breast-fed by the adoptive mother in the first two years of life (see milk kinship).[2]>



The idea that Soetoro, a practicing Muslim, would try to adopt Obama is not supported by any evidence OR by Islamic practices/law. NO Muslim man would legally adopt a child western sense) with a living father, regardless of the religion of the birth father.

Even if Soetoro did adopt Obama, believing that Obama had no living father, Obama’s last name would have never changed. Obama would have never changed his last name to Soetoro because of Islamic rules and law.



LMK wrote:
Quote:
In today’s Huffington Post there is an article on infertility and Islam:

After six years of infertility treatment and no successful pregnancies, Dilnaz got a phone call from her husband’s cousin in Pakistan, who already had three sons with another on the way.

If his wife gave birth to another boy, the cousin offered to let Dilnaz and her husband adopt him. Adoption, after all, has a long and respected lineage within Islam. The Prophet Muhammad himself was orphaned and raised by an uncle, and he later adopted a son.

Dilnaz called about 20 lawyers before she finally found one who said it could be done.

“Shariah law doesn’t allow for adoption if there’s a possibility of a living parent,” said Judy Stigger, who coordinates a handful of adoptions from Muslim countries each year as director of international adoption at The Cradle, an adoption agency in Evanston, Ill.

Islamic law does, however, allow something closer to permanent foster care. The child must know who his or her parents are and retain their name.

“For infertility, informal adoptions are looked upon favorably because this is your blood,” said Najma Adam, a social work professor and therapist who is herself Muslim. Her parents, in fact, gave her sister to an aunt and uncle who couldn’t have children of their own.

“I know my parents did it because they really just felt compassion,” Adam said.

Six months after Dilnaz got the first phone call, she and her husband got another one. “Congratulations,” the cousin told them. “You have a baby.” The cousin’s family brought the child to the U.S. when he was six months old.

Yet even that religiously acceptable solution became complicated three years later, when Dilnaz became pregnant with a son of her own. Some elders asked if she would be returning the adoptive son.

“I just felt like a boulder hit me,” Dilnaz said. They asked, “Why aren’t you giving your first child away? Why isn’t he going back to Pakistan? You don’t need him anymore.”


The article is fascinating!

Doc. C, if you are interested, I am happy to help put together more on Islam and adoption. It pretty much kills the “Soetoro adoption” myth. The birthers will still spin it, but they have no evidence, and are always claiming that a good Muslim without a son would have adopted Obama. Uh, no. Unless adoption records are found, there is nothing to this story (and never was). In addition, Indonesia would not have allowed Obama to be adopted since he had a living parent (two actually). The law in Indonesia for that time would need to be found, but I am confident that Indonesia would have denied any attempts by Soetoro to adopt Obama.


I think that this info kills the adoption myth. The birfers will say that Soetoro adopted Obama in the US if he couldn't adopt Obama in Indonesia. Well, that would have only happened if Soetoro was willing to break with Islamic code AND Obama Sr was willing to as well.

This father/child bond is, IMO, one of the many reasons why women are punished much more severely than men are if they are found to have cheated on their spouse. The idea of a Muslim man unknowingly (and thus unwillingly) raising another man's child is obscene in Islam.

Adoption is highly respected in Islam, but the concept of adoption is very different in Islam when compared to the Western concept of adoption.

I will do some more research on this as I can.

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PostPosted: Thu Aug 05, 2010 3:34 pm 
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Post was found here; moved it for topic continuity.

PatGund wrote:
LM - I posted something like that a few months ago in Bad Fiction. I'll see if I can dig it up.

On Edit - And found

http://badfiction.typepad.com/badfictio ... pdate.html

Quote:
It's a matter of faith among many birthers that Lolo Soetoro adopted Barack Obama and therefore Obama took Lolo Soetoro's last name. Philip Berg is particularly fond of the "Barry Soetoro" name.

There's just one little glitch in this idea.

Indonesia is 86.1% Muslim. Lolo Soetoro himself was a non-practicing Muslim, and the birthers LOVE to hint that Obama himself is a "stealth Muslim". So what does Islam teach about adoption??

(Bold face mine)

Quote:
"...Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers; that is juster in the sight of Allah. But if you know not their father's (names, call them) your brothers in faith, or your trustees. But there is no blame on you if you make a mistake therein. (What counts is) the intention of your hearts. And Allah is Oft-Returning, Most Merciful." (Qur'an 33:4-5)


The Islamic laws on adoption are called "Kafala".

Quote:
"While raising someone's else child is allowed and, in the case of an orphan, even encouraged, the child does not become a child of the new parents. This form of adoption where children retain membership to their original family is called, in Arabic: kafala‎. This implies for example that the new father cannot name the son after him"

An adoptive child is not considered maharim, or a member of the adoptive family. While the role of an adoptive parent is honored, (Muhammad himself adopted a child, Zayd ibn Harithah), the child is always seen as a member of the biological father's family, should that family be known. Which is the case with Barack Obama, Sr. and his family. It's more of a foster-child thing than an adoptive child as per Western definitions.

Therefore, under Islamic law and practices, even if an adoption took place, (and remember, there's never been any evidence of such), Obama would have never took on the last name of Soetoro.

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PostPosted: Fri Aug 06, 2010 2:29 am 
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That was very interesting. Thanks, LM K.


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PostPosted: Fri Aug 06, 2010 5:06 pm 
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I took the best from both LM K's post and my older one, and created a new entry in "birther mythbusting"

http://badfiction.typepad.com/badfictio ... -myth.html

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PostPosted: Fri Aug 06, 2010 10:33 pm 
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PatGund wrote:
I took the best from both LM K's post and my older one, and created a new entry in "birther mythbusting"

http://badfiction.typepad.com/badfictio ... -myth.html


Excellent post, Pat. Thanks!

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PostPosted: Mon Apr 11, 2011 8:30 am 
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I stumbled across a new article on adoption in Islam. A comment in the comment section is what grabbed my attention. While it is not substantial as documentation, I thought it was worth posting here.

Quote:
Its a great shame that the Middle East, where I live with my Muslim family forbids adoption. We have orphanages full of children that no-one is offering a family. My husband and I have a biological daughter but would happily adopt not one but two orphans of any nationality if we were allowed to do so here. We are also not allowed to foster here.
A tragedy for all concerned.


This comment grabbed my attention because it was from a woman who would like to adopt or foster children but is blocked by law from doing so. While we have discussed Islam and adoption, this comment reflects the reality of Islamic law regarding adoption and how such laws are active today. This comment, at least for me, made the issue less theological and more personal.

The article that accompanied the comment:

Quote:
The Prophet (SAW) said, “I and the guardian of the orphan are in the Garden like that,” and he indicated this with the forefinger and the middle finger. [Bukhari]

This is a hadeeth you have probably seen many times before, and it may have even led you to sign up for an orphan sponsorship program in some distant part of the world? Correct? Well, it rightly should have, however what is the key benefit we take from this? As one would expect it ties a phenomenal reward, the companionship of the habeeb of Allah, Muhammad ibn Abdillah, with supporting an orphan child. However have you ever thought about the enormity of it? Just consider for a moment what is being proposed here. Consider by fulfilling a social responsibility, the finest of creation makes very clear that the recompense for this is; the close and complete companionship of himself. Is that not truly amazing? How many actions have you seen in the Sunnah to suggest something like this? Exactly. So here we have an amazing proposition, and all of us should be thinking, how do we secure such close companionship?

Ultimately there are a number of orphan sponsorship programs, but if you are a person who wants to personally take on the responsibility then you may want something more. Someone who reads the hadith, in which the Prophet r said: “Among the Muslims the best house is the house where an orphan is being well-treated.” and thinks I want that house, then there are many opportunities out there to make your home such a home.

Every year thousands of children in the UK come into the foster care system, and Muslim children who find themselves in such circumstance always struggle. Typically the care professionals struggle to find them a placement in a Muslim home due to the lack of Muslim foster families available to foster a child. This on many occasions leads to the Muslim child being placed in a Non-Muslim home. Now such a placement can be quite traumatic for a Muslim child, and if it is long term can have a major impact on their Islamic identity. The harsh reality many children in such circumstance emerge from the system without their Islam, as in their most vulnerable time it was not Islam that they found themselves able to turn to, and it was not the Muslims they found eager to receive them.

snip.....

Mercy Mission works to try and build awareness of the issue within the community and also support Muslims to become registered carers so that they can be available for Muslim children entering the care system. Recognising the time this will take to build the family base for the numbers of Muslim children unfortunately entering the system, Mercy Mission has spent the last two years working with the care system to build awareness of the specific needs of Muslim children. Next month, the organization will officially launch a guide for Non Muslim families, about how they can support a Muslim child in the best way possible; with a view of building the case for supporting the Islamic development of the child they are potentially caring for. (http://www.justgiving.com/azim-kidwai) The guide has emerged after years of research and development, and its quality is such that it is now being endorsed by the British Association of Adoption and Fostering.

Mercy Mission

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PostPosted: Mon Apr 11, 2011 9:19 am 
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LM K wrote:
Quote:
Doc. C, if you are interested, I am happy to help put together more on Islam and adoption. It pretty much kills the “Soetoro adoption” myth. The birthers will still spin it, but they have no evidence, and are always claiming that a good Muslim without a son would have adopted Obama. Uh, no. Unless adoption records are found, there is nothing to this story (and never was). In addition, Indonesia would not have allowed Obama to be adopted since he had a living parent (two actually). The law in Indonesia for that time would need to be found, but I am confident that Indonesia would have denied any attempts by Soetoro to adopt Obama.


I think that this info kills the adoption myth. The birfers will say that Soetoro adopted Obama in the US if he couldn't adopt Obama in Indonesia. Well, that would have only happened if Soetoro was willing to break with Islamic code AND Obama Sr was willing to as well.


As you point out, it's the laws in place in Indonesia at the time that really matter. Although culturally an Islamic society, with about 85% of Indonesians considering themselves Muslim, it's legal and government systems are derived from Dutch law and government.

Although the Islamic countries in SE Asia do have Sharia courts (as does Singapore, for that matter), their role in society is more muted than it is in the Middle East and they operate in parallel with official legal system. I'll run this by a couple of my Indonesian friends tomorrow, but I suspect that it might have been possible for Lolo Soetoro to adopt Barack Obama if he'd really wanted to.

That said, there is zero evidence that he did, and even if he had, it had zero effect on Obama's citizenship.

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