Adoption
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 BROTHER BURHAN,
AS SALAM
QUESTION REGARDING ADOPTION OF CHILDREN UNDER
ISLAM.
WE WOULD LIKE TO HAVE ATLEAST 4 CHILDREN.
(THANKS TO ALLAH, HE HAS ALREADY GRACED US WITH A BOY & A GIRL). WE FEEL
THAT INSTEAD OF HAVING 2 MORE CHILDREN OF OUR OWN IT WOULD BE WISE
TO ADOPT REASON BEING 2 ORPHANS WOULD FIND A FAMILY, & ALSO 2 HUMANS WOULD
BE BROUGHT UP IN A MUSLIM HOME.
WE WOULD LIKE TO KNOW DETAILS ON ADOPTION
IN ISLAM.
WASALAM. YOUR BROTHER IN ISLAM.
(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:
Adoption
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.
Sahih Al-Bukhari Hadith 8.34 Narrated bySahl bin Sad
The Prophet (saws) said, "I and the
person who looks after an orphan and provides for him, will be in
Al-Tirmidhi Hadith 4974 Narrated by Abu Umamah
Allah's Messenger (saws) said, "If
anyone strokes an orphan's head, doing so only for Allah's sake, he will have
blessings for every hair over which his hand passes; and if anyone treats well
an orphan girl or boy under his care, he and I shall be like these two in
Paradise," putting two of his fingers together.
Al-Tirmidhi Hadith 4973 Narrated by Abu Hurayrah
Allah's Messenger (saws) said, "The best
house among the Muslims is one which contains an orphan who is well treated,
and the worst house among the Muslims is one which contains an orphan who is
badly treated."
Allah and His Messenger (saws) have time and again
exhorted and encouraged the believers to take special care of the orphans in
society, and Allah Subhanah has promised an unending reward for those believers
who adopt or sponsor orphans and treat them well for the sake of Allah
Subhanah.
May Allah Subhanah bless you and your family for your
noble intentions to adopt and take care of the orphans in society. May Allah Subhanah accept your noble
intentions and efforts, and bestow upon you and all those who provide and take
care for the orphans the ultimate reward of the company of Prophet Mohamed
(saws) in the Realms of Paradise in the Hereafter. Ameen.
Your Question: WE WOULD LIKE TO KNOW DETAILS ON
ADOPTION IN ISLAM.
One, who has nothing but the best interests of the orphan
child in mind, may adopt a child through any legal means or through the consent
of the guardians of the child; provided a few conditions of Shariah are
followed after the adoption.
Allah Says in the Holy Quran Chapter 33 Surah
Ahzaab verses 4-6:
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.
6 The Prophet is closer to the Believers
than their own selves and his wives are their mothers. Blood-relations among 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).
Blood-relations amongst each other have certain legal
ramifications of marriage and inheritance in the Sight and Decree of Allah
Subhanah, and these legal ramifications and implications must be honored in
Islam.
The adopted children must be called by the names of their
biological fathers, and not by the name of their adopted father.
The adopted child (if boy) will remain a non-mehram of the
adopted mother and she must practice veling in front of him once the boy
reaches the age of puberty, unless the adopted mother suckles the boy in his
infancy.
The adopted child (if girl) will remain a non-mehram of
the adopted father and the girl must veil herself in front of the adopted
father once she reaches the age of puberty, unless the mother has suckled the
girl in her infancy.
The adopted children will not be considered legal heirs of
the their adopted parents; nor will the adopted parents be considered legal
heirs of their adopted children; but each have an allowance to make a will and
bequeath them a maximum of upto 1/3rd of their wealth, if they wish
to do so.
Other than the above few legal conditions, one must honor
and treat their adopted children with fairness and justice in all other aspects
of life; and seek and expect their enormous and unending rewards from the Lord
Most Merciful on the Day of Judgment.
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