Adopt child and mehram.
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
1) My aunt has adopted a baby boy (1 yrs old) from orphanage centre because they cant have their own kids. So can my aunt perform HAJ or UMRAH with him when he comes in the age of 15? and can he become the mahram to my aunt?
please reply my Question?
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Adopt child and
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
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 177:
177 It is not righteousness that ye turn your faces toward East or West;
but it is righteousness to believe in Allah, and the Last Day, and the Angels,
and the Book, and the Messengers; to
spend of your substance out of love for Him for your kin, for orphans,
for the needy, for the wayfarer, for those who ask, and for the ransom of
slaves; to be steadfast in prayer and practice regular charity; to fulfill the
contracts which ye have made; and to be firm and patient in pain (or suffering)
and adversity and throughout all periods of panic. Such are the people of truth, the
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 215:
215 They ask thee (O Prophet (saws) what they should spend (in
charity). Say: ‘Whatever ye spend that
is good is for parents and kindred and orphans
and those in want and for wayfarers. And
whatever ye do that is good Allah Knows it well.’
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 36:
36 Serve Allah and join not any partners with Him: and do good to
parents, kinsfolk, orphans,
those in need, neighbors who are near, neighbors who are strangers, the
companion by your side, the way-farer (ye meet), and what your right hands
possess: for Allah loves not the arrogant, the vainglorious.
Allah Says in the Holy Quran Chapter 78 Surah
Dhahr verses 5-11:
5 As to the Righteous they shall drink of a Cup (of Pure Wine) mixed
6 A Fountain where the devotees of Allah do drink, making it flow in
7 They perform (their) vows, and they fear
a Day whose evil flies far and wide.
8 And they feed for the
love of Allah the indigent, the orphan, and the captive
9 (Saying) "We feed you for the sake of Allah Alone: No reward do
we desire from you nor thanks.
10 We only fear a Day of distressful Wrath
from the side of our Lord."
11 But Allah will deliver them from the evil of that Day, and will shed
over them a light of Beauty and a (Blissful) Joy.
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 (Prophet Mohamed
(saws)) shall be like these two in Paradise," putting two of his fingers
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."
Sahih Al-Bukhari Hadith 8.34 Narrated by Sahl bin Sad
The Prophet (saws) said, "I and the person
who looks after an orphan and provides for him, will be in
Because the relationship of blood in Islamic Law has
obvious ties towards marriage, inheritance, etc.; there are certain guidelines
in Islam a believer who wishes to adopt must follow:
- The child will always be called by his/her
biological father’s name.
- The child will only inherit from his original
blood-relationship. He will not be
eligible to inherit from his foster-parents. The foster-parents who adopt the child
have the option to will or bequeath upto a maximum of one/third of their
wealth to their adopted children after their death, if they wish to do so.
- If the foster-mother has nursed the adopted
child in her infancy, then she will be considered a mehram of the child;
but if the foster-mother has not nursed the adopted child, then she will
not be considered a mehram of the adopted child.
Question: ….and can he become the mahram to my aunt?
As noble, meritorious and encouraged is the act of
adoption in Islam, if your aunt happens to adopt an infant born baby boy…..that
baby will remain a non-mehram unto your aunt unless and until the baby sucks
milk from the breast of your aunt during its age of infancy….for then a lawful
and sacred mehram and foster-relationship will be established between your aunt
and this adopted baby.
Sahih Al-Bukhari Hadith 3.815 Narrated by Aisha
Once the Prophet (saws) came to me while a
man was in my house. He (saws) 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)."
Al-Muwatta Hadith 30.4
Yahya related from Malik from Thawr ibn Zayd
ad-Dili that Abdullah ibn Abbas (r.a.) said, "The milk which a child under
two years old sucks, even if it is only one suck, makes the foster relatives
If the adopted baby boy is not suckled in its infancy by your
aunt….then the boy will remain a non-mehram unto your aunt, and all the
restriction that apply between two non-mehrams in Shariah will have to be
honored in their relationship.
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,