Adoption Issues: will she be a non-mehrim to her adopted father in her later years. futhermore, is adoption permitted in islam?
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 questiom is regarding adoption.
a friend who is childless has adopted her sister`s daughter.
someone told her that when the child comes of age she will be a non-mehrim for
her adopted father.and only if the adopted father`s sister breast feed her will
she become a mehrim to him.is this correct? but the child is over 2 years and
pass the age of breast feeding. what happens in that case? will she be a
non-mehrim to her adopted father in her later years. futhermore, is adoption
permitted in islam?
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errors in the above statement. The forum does not change anything from
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confidentiality.)
Answer:
Adoption Issues
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.
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 patrons. 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).
Your Question: someone told her that when the child comes of
age she will be a non-mehrim for her adopted father.and only if the adopted father`s
sister breast feed her will she become a mehrim to him.is this correct?
There are three of types of ‘haraam’ or sacred
relationships formed between one another amongst mankind; one is chosen and
Decreed by Allah Subhanah, and the other two man chooses for himself:
- Blood
relationships as chosen by Allah Subhanah.
- Relationships
by marriage
- Foster
relationships, when a common women gives suck to multiple children in
their infancy.
It is indeed true and a dictate of Shariah or Islamic Law
that if a woman adopts her sister’s daughter, the adopted girl will be a
non-mehram to the husband of that woman.
If indeed the adopted child took suck from the wife or any
blood-related female relative of the husband, she would then technically and legally
be a mehram of the adopted father.
Al-Muwatta Hadith 30.4
Yahya related to me from Malik from Thawr ibn
Zayd ad-Dili that Abdullah ibn Abbas said, "The milk which a child under
two years old sucks, even if it is only one suck, makes the foster relatives
haram (or mehram, sacred)."
Sahih Al-Bukhari Hadith 4.337 Narrated by Amra bint Abdur Rahman
The Messenger of Allah (saws) said: “What is
rendered illegal because of blood relations, is also rendered illegal because
of the corresponding foster-relations."
Your Question: but the child is over 2 years and pass the
age of breast feeding. what happens in that case? will she be a non-mehrim to
her adopted father in her later years.
Sahih Al-Bukhari Hadith 3.815 Narrated by Aisha
Once the Prophet came to me while a man was
in my house. He said, "O 'Aisha! Who is this (man)?" I replied,
"My foster brother." He (saws) said, "O 'Aisha! Be sure about
your foster brothers, as fostership is only valid if it takes place in the
suckling period (before two years of age)."
If the adopted child has passed the age of suckling, the
husband will indeed be amongst the non-mehrams of the adopted girl in the Sight
of Shariah and Allah Subhanah.
Your Question: futhermore, is adoption permitted in islam?
Allah and His Messenger (saws) have absolutely permitted
and allowed the concept of adoption in Islam for those who wish to do so. It is imperative and purer in the Sight of
Allah Subhanah that all the responsibilities and Islamic legalities that are
associated with the act of adoption are also honored. Some amongst them are:
- The
adopted child will be always be recognized by its biological father’s
name.
- The
adopted child will inherit only from her biological parents and
blood-relatives; but will not inherit from her adopted parents. The adopted parents have a right in
Islam to make a will bequeathing upto a maximum of one-third of their
wealth to their adopted child, if they wish to do so.
- Neither
will the adopted parents inherit from their adopted child; but the adopted
child has a right in Islam to make a will bequeathing upto a maximum of
one-third of their wealth to their adopted parents, if they wish to do so.
- The
conditions and implications of ‘mehram’ and ‘non-mehram’ relations will be
honored.
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
sincere well wisher in Islam,
Burhan
Wister