Adoption Issues
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:
Dear brothers in Islam,
Assalam Alikum wa Rahmatullahi wa Barakatuhu,
Than u very much for replying to my question. Jazakallah
khair
Please clarify that
1) If foster-mother nursed the adopted baby girl, then
the child has to observe pardah from her
foster-father.
2) If anybody ask us " Is this your child?" Can
we give answer to him, "yes".
I will be very thankful to u brothers, if u give
answer to these questions.
Best regards,
(There
may be some grammatical and spelling errors in the above statement. The forum
does not change anything from questions, comments and statements received from
our readers for circulation in confidentiality.)
Answer:
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 no one (no idol, no
person, no grave, no prophet, no imam,
no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad(saws) is His slave-servant and the seal of His Messengers.
Your
question: If foster-mother nursed the adopted baby girl, then the child has to
observe pardah from her foster-father.
Sahih Al-Bukhari Hadith
3.814 (part) Narrated by Amra bint Abdur
Rahman
Allah's Messenger (saws) said, "the
foster relations are treated like blood relations (in marital affairs)."
If the
foster-mother has nursed (breast fed her milk to) the baby-girl, then there is
no need to observe the purdah or veil from the
husband of the foster-mother. If the
baby girl is simply adopted but not nursed by the foster-mother, the girl would
have to observe purdah or veil from the husband of
the foster-mother.
Your
question: If anybody ask us " Is this your
child?" Can we give answer to him, "yes".
If the mother has nursed the baby, then a foster-relation is formed with the
child; and in Islam, a foster relationship is treated like blood
relations. Thus there is absolutely no
harm if one replies in the affirmative when asked if the child is yours,
provided the intention is that the baby is your foster-relation. But it would not be legal in Shariah Law to change or alter the lineage of the baby, for
he/she will and should always be recognized by the name of his/her biological
father.
Allah Says in the Holy Quran Chapter 33 Surah Ahzaab verses 4-5:
4 Allah has not made for any man two hearts in his (one) body: nor has
He made your wives whom ye divorce by Zihar your
mothers: nor has He made your adopted sons your sons. Such is (only) your (manner of) speech by
your mouths. But Allah tells (you) the
Truth and He shows the (right) Way.
5 Call them by (the names) of their fathers: that is juster in the sight of Allah but
if ye know not their father's (names call them) your
Brothers in faith or your Maulas. But there is no blame on you if ye make a
mistake therein: (what counts is) the intention of
your hearts: and Allah is Oft-Returning Most Merciful.
Whatever
written of Truth and benefit is only due to Allah’s Assistance and Guidance,
and whatever of error is of me. Allah
Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,
Burhan