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:

My sister in law`s daughter gave birth to an illegitimate child. The child`s supposed father denied paternity of the child. I adopt the child, but under the circumstances, give her my family name since the father is unknown. Is this right? What should I do with the child`s mother who is now under my custody? 

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Answer:

Name of illegitimate child

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.

Your Question: ….I adopt the child, but under the circumstances, give her my family name since the father is unknown. Is this right?

Allah says in the Holy Quran Chapter 33 Surah Ahzaab verses 4-5:

…Allah has not made your adopted sons your real sons. These are the things which you utter from your mouths, but Allah says what is based on reality; and He Alone guides to the Right Way. Call your adopted sons after their father’s names; this is more just in the sight of Allah. And if you do not know who their fathers are, then they are your brothers in faith and your friends. There is no blame on you if you say something unintentionally; but you will surely be to blame for what you say with the intention of your hearts. Allah is Oft-Forgiving, Most Merciful.

Although the illegitimate child born out of wedlock will be considered absolutely innocent and blameless for the sin of its parents…..it would not be permissible or lawful for the adopted parents of the child to assign their name to the name of their adopted child.

Because the child was born out of wedlock, even if the name of the biological father is known, the name of its biological father should not be assigned to the child.

The child will be known and recognized by the name of its mother in Shariah Law.

If you adopt the child and support the mother of the child from your means only for the Sake and Pleasure of Allah Subhanah, rest assured that you will have your due and full reward for your kindness and your generosity in the Presence of your Lord Most Gracious, Most Merciful.

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