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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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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:

  1. Blood relationships as chosen by Allah Subhanah.
  2. Relationships by marriage
  3. 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 sisters 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:

  1. The adopted child will be always be recognized by its biological fathers name.
  2. 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.
  3. 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.
  4. The conditions and implications of mehram and non-mehram relations will be honored.

 

Whatever written of Truth and benefit is only due to Allahs 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

 


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