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Inheritance to adopted son.

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:

Can adapted son have property share? since the man has no male child. 

 

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Answer:

 

Inheritance to adopted son

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.

 

As much as adoption is absolutely lawful in Islam and an extremely meritorious deed in the Sight of Allah Subhanah, the adopted child is not a legal heir of his/her adopted parents in Shariah and will not be entitled to any share in the inheritance of his adopted parents after their death.

 

The adopted parents are at liberty to give as a ‘gift’ as much as they will to their adopted child during their own lifetime; or alternatively they are well within their rights to make a will bequeathing no more than a maximum of one-third of their property to their adopted child or anyone they wish other than their legal heirs.

 

If a man dies and leave no male child, his legal heirs (father, mother, wife, daughters, etc.) will be lawfully entitled to inherit his property after the fulfillment of the deceased’s debts and will (if any). The adopted child will not be entitled to any share of the inheritance unless and until his adopted parent has bequeathed them something in their will.

 

Whatever written of Truth and benefit is only due to Allah’s 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,

 

 

Burhan

 

 


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