Question:
Dear
Brother, Assalam-o-Alaikum,
Recently
I went to a social gathering where couple of people were arguing on
the issue of Adoption. My knowledge on this subject was not enough to
get involve in the discussion. Does anybody have, in depth knowledge,
to let me know, if Child adoption is permissible in Islam or not.
Anybody who can shed some light on this subject, will be very helpful
in understanding where Islam stands on this issue. Does an adopted
Girl has to wear Hijab in front of her Adoptee Father or the Aoptee
Mother has to wear Hijab in front of her Adopted Son.
Wassalaam and Jazak Allah Khairon !
Asim, Chicago
Aanswer:
WaAlaikum Assalam and thanks for contacting brother
Asim!
Just follow verses 4 and 5 of chapter 33 (Ahzab) and you will find
what Islam says about the adopted son (or daughter). The relevant
portions note: ".... nor has He (Allah) made your adopted sons,
your sons. Such is your (manner of) speech by your mouth .... call
them by (the names) of their fathers .... If you know not their
father's (name, then call them) your Brothers in faith, or your moulas
(mavalikum)".
The background of the above verses is that God Almighty had ordered
the Prophet (Sall Allah-o-alaihe wa sallam) (al-Qur'an 33: 37) to
marry the divorced wife of Zaid ibn Haritha, who was the Prophet's
adopted son. That being the position so clearly expressed, Islam does
not accept the western notion of adoption. It is welcome and highly
admirable, if a baby (boy or girl) is taken to protect, help and rear.
This however, does not bestow upon that baby, the rights of a begotten
(biological) son or daughter. That also means that marriage with such
so-called "son" or "daughter" will be absolutely
legal if it ever comes to. Also such child will not inherit anything
from the adopting father or mother, except through proper will as
provided for in the Islamic Shariah (i.e. upto 1/3rd property of the
deceased). During the lifetime, the said father or mother can spend
anything they may wish, but not with the mal-intention of depriving
some legal heir.
Wassalam,
M.
Haq
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