Rights of adopting father.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
I have a very critical issue in regards to adoption. I married a muslim sister who has a daughter from the previous marriage(islamically only). From the time she conceived her ex husband was not in her life during her pregnancy and at the time of the birth of the child. Its been 3years since her birth the child`s father was never in the picture. The child does not even have the father`s last name but the mother`s maiden name. Now that she is married her ex has come into the picture and wants to come into the child`s life or I would say trying to come into my wife`s life saying that he loves her and wants to get her back. I was asked by the law to adopt the child since i have been in the childs life for a long time and have considered her as my own child. My concern is that if i do so the law may ban the blood father from meeting her or deny the visitation rights of the blood father. I do not want to do that if Islam forbids me. I do not want to take the right of the father even though he is COMPLETELY WRONG and had done everything against islam. Please advice me ASAP and please do not post this on the web and in Q&A untill the issue has been resolved.
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Rights of adopting father
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Respected brother, regardless of whether the girls biological father was present or absent since her birth, regardless of whether you decide to legally adopt the girl or not, regardless of the intentions of the fathers appearance now after all these years in absentia, etcthe fact still remains that the man is the biological and legal father of the daughter of your wife, and every single right that is legally and lawfully due unto him in Shariah must be presented to him in full, if indeed you and your family fear Allah and the Last Day.
He has a legal and lawful right to occasionally visit his daughter, he has a legal and lawful right to be consulted when making important decisions regarding the life of his daughter and above all he will inherit from his daughter (if she dies before him) and his daughter will inherit from him (if he dies before her).
As many shortcomings as the father of the daughter of your wife may have, he still is the legal and lawful father of his daughter..and even if he might not have been forthcoming in fulfilling his duties and obligations towards his daughter in the past, if indeed you and your family sincerely fear Allah and the Last Day, you as believers must strive to the best of your ability to guide your daughter to give every single right that is due from her unto him. That would be considered as piety and righteousness on your part in the Sight of your Lord.
Allah Says in the Holy Quran Chatper 33 Surah Ahzaab verse 6:
6 .. Blood-relations amongst each other have closer personal ties in the Decree of Allah than (the Brotherhood of) Believers and Muhajirs: nevertheless do ye what is just to your closest friends: such is the writing in the Decree (of Allah).
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,