adopted / illegitimate child

[Hamza Asadullah]

hi. im just curious what are the rights of an adopted and illegitimate child in islam?

Asalaamu Alaikum, jazakallahu khayran for your question. The following is the fiqh of adopting a child:

In the name of Allah, the Compassionate, the Merciful

Adopting a child, bringing it up, seeing to its education and training and being kind and good towards him/her is very virtuous and a commendable act. If the child is an orphan and has no support, then the reward is much more.

In a Hadith recorded by Imam al-Bukhari in his Sahih, the Messenger of Allah (Allah bless him and give him peace) said: “I and the guardian of the orphan will be in Paradise like this”, and the Prophet (Allah bless him and give him peace) joined his index finger with his middle finger. Meaning that the one who looks after the orphan will be very close to the Prophet (Allah bless him and give him peace) in Paradise.

This is an extremely neglected Sunnah of our beloved Prophet (Allah bless him & give him peace) and we should definitely encourage ourselves and others towards this direction.

However, it should always be kept in mind that according to Shariah, the lineage of the adopted child does not become established with the adoptive parents. Adoption of a child has no legal effect in Shariah. The child should not be attributed except to the natural parents, and not to those who have adopted him/her.

This is a fundamental principle and ruling laid down by the Holy Qura’n. The people in the days of ignorance (Jahiliyya) used to treat an adopted child as the real one in all aspects. The Qura’n condemned this practice with the following verse:

“And He (Allah) did not make your adopted sons your sons. That is only your speech by your mouths. And Allah guides you to the right path. Call them by (the names of) their (real) fathers. It is more just in the sight of Allah”. (Surah al-Ahzab,v:4, 5)

The Messenger of Allah (Allah bless him and give him peace) adopted the Companion Zaid ibn Haritha (Allah be pleased with him) and the other companions (Allah be pleased with them) initially referred to him as “Zaid ibn Muhammad.” When the abovementioned verse of the Qura’n was revealed, they reverted to calling him “Zaid ibn Haritha.”

In view of this important principle of Shariah, the following points need to be taken in to consideration:

1) Legal adoption is not permissible. This means that one cannot change the lineage of an adopted child and substitute the names of his real parents with adoptive parents. The child should always be attributed to the real parents so that it becomes common knowledge amongst the people who the real parents are.

2)If the adoptive mother breastfeeds the adopted child, then it becomes their foster child. In this case the child will be similar to the real children with regards to the Nikah and Hijab rules, i.e. the child can not marry the foster parent, neither any of the foster parent’s children. However with regards to inheritance, it will not inherit from the family.

3)If the adoptive mother does not breastfeed the adopted child, then the relationship of fosterage will not be established and the child will be classed as other children with regards to Nikah and Hijab. An adopted child can marry it’s adoptive parents and their children. Also if a male child is adopted by a woman, she will observe Hijab from him after he reaches the age of puberty and visa versa. The adopted child will also (after puberty) observe Hijab with the adoptive parent’s children.

4)An adopted child will not inherit from his adoptive parents and to regard an adopted child as a real child in the matter of inheritance is incorrect. However, it should be remembered that although the child cannot inherit from the adoptive parents, it is permissible, rather advisable to make a bequest in its favor in ones life time. This will for the child can be made up to one third of ones wealth, provided the child is not already included in the list of inheritors.

5)It is necessary to allow the adopted child to meet it’s real parents. Preventing him/her from meeting them and creating any obstacles will be considered as oppression.

6)Good behavior and conduct should be displayed towards the adopted children, especially if they are orphans. If a person cannot look after the adopted child in a proper manner, then he should not adopt, otherwise he will earn punishment rather than reward.

7)The wealth of the adopted child who has not yet reached puberty, should be kept safe. If there is a need to spend the money on the child then one can utilize the child’s money upon him. However it should be spent with extreme care and there should be no extravagance. Loans cannot be taken from the child’s money, nor can it be given in charity.

From the foregoing, all your queries should be answered, nevertheless here are the answers to your questions:

(1)Yes, the boy will be considered a brother to the children whose mother breast fed him, and therefore all the rules Nikah will apply.

(2)Yes, the boy will be a Mahram to the woman who breast fed her and thus Nikah with her or her children will be not allowed.

(3)No, the boy will not be a Mahram to the adoptive mother and will have to observe Hijab with her after reaching puberty and also the rules of Nikah will apply.

And only Allah knows best in all matters

An important and noteworthy aspect is that the custom of 'adopting' children, wherein they are regarded in all aspects like your own children, which has become prevalent has no real basis in Shariat. The Islamic legal status of adopted children is no more than that of 'sincere friendship', and it will fall in that category. As for the rest legally speaking, like in inheritance, etc., they do not receive any share. For inheritance is a Shariat command in which man has no say, it is not voluntary, that for whoever you wish you give inheritance and for whoever you wish you disinherit him.

Source: Qibla.com

Hope that answers your question. If you want any help or advice with anything at all then please do not hesitate to ask.

And Allah knows best in all matters

 

[Muhaba]

As you can see in the verse quoted by brother Hamza, “And He (Allah) did not make your adopted sons your sons. That is only your speech by your mouths. And Allah guides you to the right path. Call them by (the names of) their (real) fathers. It is more just in the sight of Allah”. (Surah al-Ahzab,v:4, 5), the verse makes a distinction between adopting a son and making the son your own. The verse said that the adopted sons weren't your real sons and that we should call them by their own parent's name and not the adopter's name.

we were talking about English words and not arabic ones. no where did i say that taking someone to be your own son is correct. (Also, note the arabic word for 'adopted child' in the verse.)

The reason why this matter needs to be clarified is because a lot fo people stop adopting orphans altogether, saying that it is haram in Islam when caring for a needy/orphan child is so rewarding. Not to mention that the adoptive parents also fulfil their needs of childrearing if they can't have kids of their own.

of course if in a place the only way to adopt is by giving the child the adoptive parent's name, then that wouldn't be allowed. But like I said before, in many countries, the law requires that the adopted child know that he/she was adopted and may maintain contact with birth parents, since they discovered that that is best for the child's wellbeing. This also shows that over 14 centuries ago, the rule prescribed by Allah (that the child be called with his own parent's name and not be taken as one's own) is now being shown to be the most wise command regarding the adopted child.

 

[Muhaba]

And Allah knows best in all matters

jazak-Allaho khairan for this post

 

[جوري]

we were talking about English words and not arabic ones.

Indeed the proper English terms in such a case would be foster children not adopted ones!

. no where did i say that taking someone to be your own son is correct.

Nor have I accused you of saying so. I merely suggested we clarify the terms and what comes under the headings!

(Also, note the arabic word for 'adopted child' in the verse.)

Which further elucidates the point that adoption isn't allowed in Islam!

 

[Iceee]

Salaam.

I am thinking of adopting a child when I get older, not now however as I am too young and naive


Can someone please explain the following:?

3)If the adoptive mother does not breastfeed the adopted child, then the relationship of fosterage will not be established and the child will be classed as other children with regards to Nikah and Hijab. An adopted child can marry it’s adoptive parents and their children. Also if a male child is adopted by a woman, she will observe Hijab from him after he reaches the age of puberty and visa versa. The adopted child will also (after puberty) observe Hijab with the adoptive parent’s children.

4)An adopted child will not inherit from his adoptive parents and to regard an adopted child as a real child in the matter of inheritance is incorrect. However, it should be remembered that although the child cannot inherit from the adoptive parents, it is permissible, rather advisable to make a bequest in its favor in ones life time. This will for the child can be made up to one third of ones wealth, provided the child is not already included in the list of inheritors.

What is observe hijab?
Why can't the adopted child get the wealth from adopted parents?

 

[pipay]

What I understood is, in Islam, an adopted child will not have his foster parents' name / surname. But what if nobody knows who the child is? then, what could be his name?

 

[ardianto]

What I understood is, in Islam, an adopted child will not have his foster parents' name / surname. But what if nobody knows who the child is? then, what could be his name?

This is only in Indonesia. In other countries maybe different.

Mostly of adopted children in Indonesia are true 'nobody child' without exact identities because they were babies who left by their mysterious parents on the random place like yard or dump (it's true!) then saved by people and sent to orphanage.

Then they were given a name by orphanage. If they were adopted by a couple of husband and wife, their new parents usually give them new name that registered in civilian record and become their official name.

But, there is difference between Indonesian people and people from many other nations. Mostly of Indonesian people do not have family name. So, their official names actually just their identities that not refer to descendant line. (I don't know about adopted child among Batak Mandailing Muslims and Ambonese Muslims, two minority ethnic that have family names).

And special for Indonesian Muslims, beside the official names, they have Muslim names that arranged in: His/her name - bin (son of) or binti (daughter of) - father name. In example "Zainal bin Dadang (Zainal, son of Dadang)" or "Pratiwi binti Jono (Pratiwi, daughter of Jono)". These Muslim names are used in Sharia institution or in civilian court. But for adopted children, the rule is not same.

For adopted children who their biological father names are known, they must use their biological father names behind "bin/binti", not their foster father names. And for adopted children who their biological father names are unknown, their Muslim names are: (name) bin/binti ( ).