Adopting a Child in Islam

ZeeA

New Member
:salam2:

I did some research about adopting rules in Islam, but few of my questions remain unanswered.

I won't talk here about adopting a child from your neighborhood because his parents can't afford making a living. This practice is widespread in my native country (Algeria), and I think this is very generous of them.

Let's assume that me & my husband decide to adopt a child and that we already have kids.
In this case we would adopt a child in a the Third World who would have no parents...I mean he would have been abandoned by his biological parent because of poverty.

I found this:
"...Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers; that is juster in the sight of Allah. But if you know not their father's (names, call them) your brothers in faith, or your trustees. But there is no blame on you if you make a mistake therein. (What counts is) the intention of your hearts. And Allah is Oft-Returning, Most Merciful."

(Qur'an 33:4-5)


According to this verse, the child must have the name of his father instead of my husband, okay....but the parents of my hypothetical adopted child are unknown so what to do in this case?

Furthermore, I heard that when the kid grow up he wouldn't be considered as mahram to the family, so does it mean that I would have to wear hijab in front of him? What about the hypothetical sister he would have grow up with?
 

Seeking Allah's Mercy

Qul HuwaAllahu Ahud!
:salam2:


I found this:
"...Nor has He made your adopted sons your (biological) sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way. Call them by (the names of) their fathers; that is juster in the sight of Allah. But if you know not their father's (names, call them) your brothers in faith, or your trustees. But there is no blame on you if you make a mistake therein. (What counts is) the intention of your hearts. And Allah is Oft-Returning, Most Merciful."

(Qur'an 33:4-5)


According to this verse, the child must have the name of his father instead of my husband, okay....but the parents of my hypothetical adopted child are unknown so what to do in this case?

Furthermore, I heard that when the kid grow up he wouldn't be considered as mahram to the family, so does it mean that I would have to wear hijab in front of him? What about the hypothetical sister he would have grow up with?

Wasalamo`Alaykum Wa Rahmatullahi Wa Barakaatuh,

Firstly, Welcome to the forums sis. And also, praise and cheers for your intentions*Smile*

Second, the answer to your first question is in the very same ayah:

. . .But if you know not their father's (names, call them) your brothers in faith, or your trustees.

If he's named Abu bakr then he remain Abu bakr only. You husband's name cannot come after it "even" if you've raised him and his parents are unknown.

Third:

In case of a boy, you and your daughters have to cover when he reaches the age of puberty and he for you is just like the non mahram on the street.

In case of a girl, it's the same for your husband and your sons. This is how our teacher explained it to us.

However, there is a way to get rid of this. If you adopt a child of age less than the age of two and you breastfeed him. He's yours and your husbands' son in case of a boy, or a daughter in case of a girl.
 

ShahnazZ

Striving2BeAStranger
My aunt just adopted a newborn from Pakistan. Same situation where the parents are unknown and the child had no name. So her husband gave the baby his name. I know it's not right, but it's difficult getting some long-aspiring parents to accept that.

If he's named Abu bakr then he remain Abu bakr only. You husband's name cannot come after it "even" if you've raised him and his parents are unknown.

I don't know about the East but this isn't practical when living in the West. Every human being needs to have last name as some form of identification. Even the ancient tribes of Arabia were known by which tribe they were from. A person cannot live with just a first name as there are others with the same name as you. A last name has to be given to give distinction.

Third:

In case of a boy, you and your daughters have to cover when he reaches the age of puberty and he for you is just like the non mahram on the street.

In case of a girl, it's the same for your husband and your sons. This is how our teacher explained it to us.

However, there is a way to get rid of this. If you adopt a child of age less than the age of two and you breastfeed him. He's yours and your husbands' son in case of a boy, or a daughter in case of a girl.

Correct. As long as the baby is breastfed at least five times before the age of 2, a mahram relationship will be established. This is in accordance with the hadith of A'isha radiallahu anha. There's also a hadith about suckling an adult but that is believed to be an isolated case and only an allowance for that specific individual during that time. Therefore suckling can only be done within the suckling period (2 years old).
 

ZeeA

New Member
Second, the answer to your first question is in the very same ayah:

...

If he's named Abu bakr then he remain Abu bakr only. You husband's name cannot come after it "even" if you've raised him and his parents are unknown.

I know but I needed some explanation to be sure, you know. But you gave it to me, now I get it. :)


However, there is a way to get rid of this. If you adopt a child of age less than the age of two and you breastfeed him. He's yours and your husbands' son in case of a boy, or a daughter in case of a girl.

Okay, I didn't think about that, silly me!

I don't know about the East but this isn't practical when living in the West. Every human being needs to have last name as some form of identification. Even the ancient tribes of Arabia were known by which tribe they were from. A person cannot live with just a first name as there are others with the same name as you. A last name has to be given to give distinction.

That's what I was thinking too, it's weird for the kid to not having a name, people will understand that he has "no father" known, he might feel rejected.
But if it's Allah (Subhanahu Wa Ta'ala) willing, we must respect it.

Thanks sisters :ma: I learnt a lot!
 

Seeking Allah's Mercy

Qul HuwaAllahu Ahud!
My aunt just adopted a newborn from Pakistan. Same situation where the parents are unknown and the child had no name. So her husband gave the baby his name. I know it's not right, but it's difficult getting some long-aspiring parents to accept that.
As far as I remember, that's like one of the "Big deal" sins, for one to relate himself to a father he's not a son of, or a tribe he's not from, or in case of a slave, to relate himself to a master who doesn't own him. It's sort of serious but I think I get you. Many don't really take many serious things seriously these days.

I don't know about the East but this isn't practical when living in the West. Every human being needs to have last name as some form of identification. Even the ancient tribes of Arabia were known by which tribe they were from. A person cannot live with just a first name as there are others with the same name as you. A last name has to be given to give distinction.

I know ukht. I was just trying to explain the shari' point of view [that which I knew]. Maybe the kid could be given some random [meaningful] name like say Muhammad Abdullah [slave of Allaah]? I mean his father would be Abdullah anyway even if he's called Zaid or Hamid or whatever. Or do they require proof for an Abdullah-father as well?

That's what I was thinking too, it's weird for the kid to not having a name, people will understand that he has "no father" known, he might feel rejected.
But if it's Allah (Subhanahu Wa Ta'ala) willing, we must respect it.

Thanks sisters :ma: I learnt a lot!
It's not weird ukhti, it's got a lot of logic behind it. Some stuff that I understand are is that

1) To give someone his name is to claim him to be his child. which is wrong because it is a "Big" "Fat" lie.

2)It will create confusion weather or not can this adopted child marry the children of the parents who adopted them. Because by all means he's not related to them, he just grew up with them.

3) If he's named after himself and given the same status of his own child, he'll be given the right to inherit that which are not lawfully his. I mean say a father who has no children adopts a child and if this child inherits that which this father leaves him on his death, the kid takes away that which should have been the father's relatives' [his brothers, sisters etc.]

4) This was also required so that people would stop calling the prophet's :saw: adopted son as Usama bin Muhammad. This was essential because the people may have started giving Usama (May Allaah be pleased with him) a status similar to the prophet's:saw: on the prophet:saw: death etc. by considering him his:saw:'s heir. Just like the Shia do to `Ali (May Allaah be pleased with him) just because he's the Prophet:saw:'s son in law.

5) Also, in case the parents are known, the kid shouldn't be confused as to who his biological parents are.This way his inheritance and other rights and duties are clear and well defined to him. Besides, I don't think a person will feel comfortable or happy to know later in life that he's been living with a lie. He'd get traumatized to know his parents aren't one around him. It's good that we are forced to push past our emotions and face, speak and write the truth i.e The adopted kid is adopted and not yours.

The `Arabs used to adopt sons to avoid the passage of wealth to, say, their brothers or nephews etc. So Allaah sets rules to put a stop to such arrogant schemes. We Muslims should do all we can to abide by the rules set by Allaah for us. May Allaah aid us in following His deen.
 
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