Rulings Concerning Adoption

Question :

All praise is for Allah, Lord of all that exists. O Allâh, send prayers and blessings on Muhammad, his family, and his Companions. The Permanent Committee for Scientific Researches and Religious Verdicts reviewed the request for a ruling from the Executive Secretary of the Punjab Board of Child Welfare. The question was addressed to his honor, the General President for the Administrations. of Scientific Researches, Religions Verdicts, Preaching and Guidance. It was forwarded by the General Trust of the Board of Senior Scholars, no. 2/86, with the date: 1/15/ 1392H. They requested to be provided with a program and the rules related to inheritance rights of adopted children.

Answer:

The answer is as follows:

1) During the era of ignorance before the advent of our Prophet Muhammad, adoption was a common practice; the adopted son not only took his adoptive father's name and inherited from him, but he also mixed freely with his adoptive mother and adoptive sisters. This meant that his adoptive mother was unlawful for him to marry. Thus the adopted child was, in all practicality, just like a real son.

Before he was commissioned as a Messenger, the Prophet adopted Zayd bin Harithah bin Sharahil Al-Kalbi; thus he became known as Zayd bin (the son of) Muhammad. The practice of adoption continued unchanged until the third, or perhaps the fifth year after Hijrah.

2) Then Allâh ordered that the adopted child should take the name of his real father, if he is known. If he is not known, then. he is a brother in religion, and holds the status of Mawala (or freed slave) to his adoptive family. Then Allah had made it unlawful to ascribe the child to his adoptive parents in a manner that would indicate lineage, and He made it unlawful for the child to himself claim that he was related to other than his real father, except by the slip of the tongue, in which case there is no harm. Allâh clarified that this ruling is purely just because it supports truthful speech, the preservation of lineage and honor, and it preserves the rights of the wealth for those that are more worthy of it. Allah Almighty said:
"Nor has He made your adopted sons your real sons. That is but your saying with your mouths. But Allah says the truth, and He guides to the (Right) Way. Call them by (the names of) their fathers, for that is more just with Allah. But if you know not their father's (names, call them) your brothers in faith and Mawalikum (your freed slaves). And there no sin on you if you make a mistake therein, except in regard to what your hearts deliberately intend. And Allah is Ever Oft-Forgiving, Most Merciful."

The Messenger of Allâh ﷺ said:
"Whoever claims that someone other than his real father is his father, or whoever ascribes himself to other than his Mawali." then upon him is Allah's continuous curse."

3) By nullifying the pre-Islamic rules of adoption, Allah Almighty commanding us with the following:

a) The adopted child and the adoptive father do not inherit from each other; each one, however, should remain dutiful to the other, and both of them can pledge to the other up to, but no more than, one-third of his inheritance. Allâh Almighty has outlined for us in detail those who inherit, and neither is the adopted child nor the adoptive father mentioned among them. Allâh Almighty says:
"And blood relations among each other have closer personal ties in the Decree of Allah (regarding inheritance) than the believers and the Muhajirin (emigrants from Makkah), except that you do kindness to those brothers."

b) Allah Almighty permitted a practice that was forbidden during the days of ignorance (pre-Islamic times): after the adopted son divorces his wife, the adoptive father is allowed to marry her. To add force and acceptability to this ruling and to stamp out an ignorant practice, the Messenger of Allah was the first to follow the new decree:
"So when Zayd had accomplished his desire from her (ie., divorced her), We gave her to you in marriage, so that (in future) there may be no difficulty to the believers in respect of the wives of their adopted sons when the latter have no desire to keep them. And Allah's Command must be fulfilled."

Thus the Messenger of Allah married, by Allah's command, Zaynab bint Jahsh, after she had been divorced from Zayd bin Harithah.

4) We should note, however, that these rules do not in any way go against Islamic principles of love, justice, caring, or generosity:

a) A person is permitted to say to someone younger than him, "O, my son," out of compassion and love. A person is allowed to call someone older than him, "O, my father," to show respect, to show one's sincerity, and to promote the concept of brotherhood in society.

b) The Shari'ah promotes helping one another in righteousness and piety, and it encourages all people to love and be kind to one another:
"Help you one another in righteousness and piety; but do not help one another in sins and transgression."

The Messenger of Allah ﷺ said:
"The example of the believers in their mutual love, mercy, and attachment, is that of a body; if one part complains (of an ailment), the rest of the body suffers because of it from fever and sleeplessness."

He also said:
"The example of the believers is that of a building, each part of it supports the others."

Therefore it is our duty as a society to take care not only of orphans, but also of the weak, the old, and those who are not able to earn for themselves. Muslims should take in those whose parents are unknown, to provide for them and to raise them. There should be no one in a Muslim society who is in need, for if there are those who are not cared for, we should fear that we may suffer evil consequences for our neglect and lack of concern. The Muslim treasury in our countries should provide for the sick and for the weak, and if that is not enough, then those who have wealth should give what is required. The Messenger of Allah said:
"When a believer dies and leaves behind wealth, his heirs, inherit his wealth, whoever they may be. If he leaves behind a debt, then (his creditor) should come to me, for I am his Mawla."

May Allah send peace and blessings on Muhammad, his family, and his Companions.

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