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.
(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:
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