Interim Decision #2190 

MATTER OF ASHREE, AHMED AND AHMED 

In Visa Petition Proceedings 

A-19357815 

A-18943352 

A-19759301 

Decided by Board March 30, 1973 

Legal adoption does not exist in the Arab Republic of Yemen nor in the Peoples' 

Republic of Southern Yemen. Both Yemens apply Islamic law in matters 

involving family status; adoption, as practiced in most Western societies, is 

not recognized by Islamic law. Hence, relationships through claimed adoptions 

in Yemen cannot be established by petitioners for visa petition purposes. 

ON BEHALF OF PETITIONER& (1) Kenneth L. Cutipei, Esquire 

778 Ellicott Square Bldg. 

Buffalo, New York 14203 

(2)Pro se 

(3) Thomas Khederian, Esquire 

7655 West Vernor Highway 

Detroit, Michigan 48209 

These three cases involve a common issue. In each of the first 

two cases, there is before us an appeal from the District Director's 

denial of a visa petition. In the third case, wherein we upheld the 

District Director's denial of a visa petition by our previous decision 

dated July 6, 1971, there is before us a motion to reopen to hear 

new evidence. The three visa petitions are all on behalf of relatives 

whose relationship depends upon an adoption in one of the Ydmens. We shall dismiss both appeals and deny the motion. 

In the first case, the record relates to Abdo Yousuf Ashree, an 

unmarried native and citizen of the Arab Republic of Yemen, who 

was born on February 25, 1952. The second case relates to 

Mohamed Salem-Abdallah Ahmed, an unmarried native and citizen of the Arab Republic of Yemen, who was born on March 24, 

1932. The third case relates to Sulaiman Obadi Ahmed, an unmarried native and citizen of the Peoples' Republic of Southern 

Yemen, who was born on September 15, 1952. All three are claimed 

by the petitioners to be relatives by virtue of adoption in one of the 

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Yemens. Documents in support of the claims of adoption were 

submitted. 

The Library of Congress, by a report dated March 9, 1973, 

regarding these cases, has advised us that legal adoption does not 

exist in the Arab Republic of Yemen or in the Peoples' Republic of 

Southern Yemen. The report advises that both Yemens apply 

Islamic law in matters involving family status. The report states: 

Adoption in the sense in which it is understood by other nations today . . . is 

not recognized by Islamic law. 

ITlhere is nothing in Islamic law similar to adoption as practiced in most 

western societies. It is not only not recognized in n Muslim society, but even if 

practiced by Muslims it will not carry with it any rights, especially those of 

inheritance. 

An adopted son or daughter, of known descent, has no right to inherit from 

his, or her, adoptive parents and their relatives. The filiation based on adoption 

is neither recommended nor recognized by Islamic law. Such son or daughter is, 

however, entitled to what may be given under a valid deed in gift or will. 

. Islamic law, accordingly, does not recognize the validity of any mode of 

filiation where the parentage of the person adopted is known to belong to a 

person other than the adopting father, and an adopted child has no rights in the 

estate of his or her adoptive parents. 

In view of the fact that there is no system for legal adoption in 

the two Yemens, the petitioners cannot establish that relationships by adoption arose there. All three petitions, accordingly, 

were properly denied. 

ORDER: The appeals are dismissed and the motion is denied. 

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