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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 ALAI KUM!

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 Paradise like this," putting his index and middle fingers together.

 


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 Allahs 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

 


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