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Q24 - As-salamu alaykum, What are the rules of adoption?


Question # 024


As-salamu alaykum, What are the rules of adoption?

In the Name of Allaah, the Most Gracious, the Most Merciful.

As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

Adoption seems to be a lost sunnah nowadays, and so for the one who is reviving it for him it is a good deed.

Allah the All- Mighty says in the Quraan In surah Nisa verse 36:

وَٱعْبُدُوا۟ ٱللَّهَ وَلَا تُشْرِكُوا۟ بِهِۦ شَيْـًۭٔا ۖ وَبِٱلْوَٰلِدَيْنِ إِحْسَـٰنًۭا وَبِذِى ٱلْقُرْبَىٰ وَٱلْيَتَـٰمَىٰ وَٱلْمَسَـٰكِينِ وَٱلْجَارِ ذِى ٱلْقُرْبَىٰ وَٱلْجَارِ ٱلْجُنُبِ وَٱلصَّاحِبِ بِٱلْجَنۢبِ وَٱبْنِ ٱلسَّبِيلِ وَمَا مَلَكَتْ أَيْمَـٰنُكُمْ ۗ إِنَّ ٱللَّهَ لَا يُحِبُّ مَن كَانَ مُخْتَالًۭا فَخُورًا

Worship Allah ˹alone˺ and associate none with Him. And be kind to your parents, relatives, orphans, the poor, near and distant neighbours, close friends, ˹needy˺ travellers, and those under your possession. Surely Allah does not like whoever is arrogant, boastful—


This ayah encourages kindness to orphans which can be done in a many ways (for example adopting, providing, etc..


From Sahl bin Sa’ad (may Allah be pleased with him), he said: “The Messenger of Allah sallallaahu ‘alaihi wa sallam said: “I and the one who looks after an orphan will be like this in Paradise,” showing his middle and index fingers and separating them.” [Sahih al-Bukhari].


Regarding some rules of adoption in Islam, here are a few;


  1. When you adopt a child you are not allowed by the Islamic law to give them your last name, rather let them be known by their biological fathers’ last name.

........ ۚ وَمَا جَعَلَ أَدْعِيَآءَكُمْ أَبْنَآءَكُمْ ۚ ذَٰلِكُمْ قَوْلُكُم بِأَفْوَٰهِكُمْ ۖ وَٱللَّهُ يَقُولُ ٱلْحَقَّ وَهُوَ يَهْدِى ٱلسَّبِيلَ

ٱدْعُوهُمْ لِـَٔابَآئِهِمْ هُوَ أَقْسَطُ عِندَ ٱللَّهِ ۚ فَإِن لَّمْ تَعْلَمُوٓا۟ ءَابَآءَهُمْ فَإِخْوَٰنُكُمْ فِى ٱلدِّينِ وَمَوَٰلِيكُمْ ۚ وَلَيْسَ عَلَيْكُمْ جُنَاحٌۭ فِيمَآ أَخْطَأْتُم بِهِۦ وَلَـٰكِن مَّا تَعَمَّدَتْ قُلُوبُكُمْ ۚ وَكَانَ ٱللَّهُ غَفُورًۭا رَّحِيمًا

…And he has not made your adopted sons your (true) sons. That is (merely) your saying by your mouths, but Allah says the truth, and He guides to the (right) way. Call them by (the names of) their fathers, it is more just in the sight of Allah. But if you do not know their fathers-then they are still (your) brothers in religion and those entrusted to you. And there is no blame upon you for that in which you have erred but (only for) what your hearts intended. And ever is Allah Forgiving and Merciful.” ( Al-Ahzab : ayah 4-5)


In Islam adoption is called by kafala or taking care of an orphan (providing with food, custody, education, place, and other such basic needs). Treat them justly and with kindness as one would treat one`s own children.


2.The adopted child inherits from his own biological parents not from the caregiver. The caregiver will hold onto the child's money (as a trustee) until the child comes to of age (buloog/maturity) where he is able to take on responsibilities, and has a better understanding of how to carefully spend.

  • It is impermissible to take from the child`s wealth if the guardian is financially wealthy and stable.

  • If the guardian is poor, then he may use the child`s wealth with caution and fear of Allah. The child`s wealth will be used for the child only.


وَٱبْتَلُوا۟ ٱلْيَتَـٰمَىٰ حَتَّىٰٓ إِذَا بَلَغُوا۟ ٱلنِّكَاحَ فَإِنْ ءَانَسْتُم مِّنْهُمْ رُشْدًۭا فَٱدْفَعُوٓا۟ إِلَيْهِمْ أَمْوَٰلَهُمْ ۖ وَلَا تَأْكُلُوهَآ إِسْرَافًۭا وَبِدَارًا أَن يَكْبَرُوا۟ ۚ وَمَن كَانَ غَنِيًّۭا فَلْيَسْتَعْفِفْ ۖ وَمَن كَانَ فَقِيرًۭا فَلْيَأْكُلْ بِٱلْمَعْرُوفِ ۚ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَٰلَهُمْ فَأَشْهِدُوا۟ عَلَيْهِمْ ۚ وَكَفَىٰ بِٱللَّهِ حَسِيبًۭا

“Test ˹the competence of˺ the orphans until they reach a marriageable age. Then if you feel they are capable of sound judgment, return their wealth to them. And do not consume it wastefully and hastily before they grow up ˹to demand it˺. If the guardian is well-off, they should not take compensation; but if the guardian is poor, let them take a reasonable provision. When you give orphans back their property, call in witnesses. And sufficient is Allah as a ˹vigilant˺ Reckoner” ( Surah Nisa: ayah 6).

3. When the child is mature(baligh), members of the adoptive family are not considered blood relatives. Therefore, rules of a non -mahram, and hijab will apply subsequently. 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 gender. Thus, the matter of pardah (covering up) will take place. Exclusions may apply if the adopted child was breastfed by the adopting family.


The Messenger of Allah (saw) said, ‘The best house among the Muslims is the house in which orphans are well-treated. The worst house among the Muslims is the house in which orphans are ill-treated’. [Sahih al Bukhari]


May Allah (swt) reward you for reviving a sunnah, and grant you Jannah tul Firdaus. Ameen.

And Allah Ta’āla Knows Best


Regards,

Student - Jamiah Islamiyah Abu Bakr


Checked & Approved by Shaykh Kasim Ingar


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