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 this question:

Dear Brother

Surah 2 - 177; 215; 220 has words like 'Orphans' but it does NOT say you "CAN adopt" them !!

Adoption means "legally permanently placing a child with a parent (or parents) other than the birth parents." Moreso by this process the orphan inherits non-biological parent's name which is against Surah 33:5!!

If the non-biological parents would legally adopt an orphan, then:
- an adopted son becomes a non-mehram for the mother after a certain age !
- an adopted daughter becomes a non-mehram for the father after a certain age !

As quoted in Quran and Hadiths one can (or must) surely take care of orphans and their property (if there is any) but no where it is mention "ADOPT the orphan"

Like you have quoted:

- Suran 33:4 says "... nor has He made your adopted sons your real sons" which is quite clear !! That means you should not adopt a child

- Suran 33:5 says "Call them (adopted sons) by (the names of) their fathers, that is more just with Allâh." Again it is clear here - which means CALL THEM BY THEIR BIOLOGICAL FATHERS NAME. Even though (in quite a few cases) if one does not know biological-father's name still the father who has adopted the orphan CANNOT give his name to the orphan. But in today's world would any father who has adopted a son would call the adopted son with the biological father's name EVER??

Burhan, I do not understand why you conclude that it is absolutely ok to ADOPT a child. Whereas the actual meaning of ADOPTION is something else (as explained above). You may write "It is encouraged and considered amongst the greatest virtues in Islam to TAKE PROPER CARE OF AN ORPHAN" but in my opinion it is wrong to state "it is permissible in Islam to adopt" - that give a wrong meaning.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Adoption encouraged in islam

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 Messengers.

Your Statement: Burhan, I do not understand why you conclude that it is absolutely ok to ADOPT a child. Whereas the actual meaning of ADOPTION is something else (as explained above). You may write "It is encouraged and considered amongst the greatest virtues in Islam to TAKE PROPER CARE OF AN ORPHAN" but in my opinion it is wrong to state "it is permissible in Islam to adopt" - that give a wrong meaning.

Sahih Al-Bukhari Hadith 7.25 Narrated by Aisha

Abu Hudhaifa bin Utba bin Rabi'a bin Abdi Shams who had witnessed the battle of Badr along with the Prophet (saws) adopted Salim as his son, to whom he married his niece, Hind bint Al-Walid bin 'Utba bin Rabi'a; and Salim was the freed slave of an Ansar woman, just as the Prophet (saws) had adopted Zaid as his son. It was the custom in the Pre-Islamic period that if somebody adopted a boy, the people would call him the son of the adoptive father and he would be the latter's heir. But when Allah revealed the Divine Verses: "Call them by (the names of) their fathers……" (33.5) the adopted persons were called by their fathers' names. The one whose father was not known, would be regarded as a Maula and their brother in religion.

Sahih Al-Bukhari Hadith 6.305         Narrated by Abdullah bin Umar

We used not to call Zaid bin Haritha (r.a.) the freed slave and adopted son of Allah's Messenger (saws) except Zaid bin Muhammad till the Quranic Verse was revealed: "Call them (adopted sons) by (the names of) their fathers. That is more than just in the Sight of Allah." (33.5)

Respected brother, in light of the above absolutely clear guidance, there is allowance in Shariah to do both:

1. sponsor an orphan, and,
2. adopt an orphan.

The Messenger of Allah (saws) himself adopted the slave-boy Zaid bin Haritha (r.a.) given as a gift to him by his wife Hadrat Khadijah (r.a.)…..Hadrat Zaid (r.a.) lived and grew up in the Prophet’s (saws) household along with his other children, and until the Divine Verses of Surah Ahzaab were revealed years later in Madinah, Hadrat Zaid bin Haritha (r.a.) was called and recognized as Zaid bin Mohamed (saws)! 

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 together!

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 Paradise like this," putting his index and middle fingers together.”

In light of the above guidance of the Quran and Sunnah one cannot even imagine the rewards the Lord Most Gracious would bestow on those blessed and fortunate people who adopt and/or take good care of orphans.

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:

1. The child will always be called by his/her biological father’s name.
2. 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.
3. 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.

Thus brother, to declare or assume that it is impermissible or discouraged in Islam to actually adopt a child is absolutely inaccurate…..there is allowance in Shariah to do both: sponsor as well as actually adopt a child.  And Allah Alone Knows Best.

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,

Burhan