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Adoption not allowed in shariah.

Adoption not allowed in shariah.

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:

Sorry I just forget to explain...


Please read Surat al Ahzab Aya 37


It should explain to you whay its not allowd the adoption in Islam...


I really appreciate your nice way of explaining things, but I just want you to keep in mind that according to the civil laws in Islamic countries they all follow what comes in Sharia, so they are following that, and if it was clear and allowed in Islam to adopt then they will follow it, but its clearly not accepted in Islam, and not allowed, there are about 2 million kid live in government Orphanage in Egypt but they are not allowed to be adopted according to Sharia, so you cannot write what you think its nice without asking more why they are not allowing it..


Its a nice try of you, but sorry the truth is different.

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Answer:

Adoption not allowed in shariah

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 Statements: Please read Surat al Ahzab Aya 37. It should explain to you whay its not allowd the adoption in Islam...

Allah Says in the Holy Quran Chapter 33 Surah Ahzaab verse 37:

37 Behold! Thou (O Prophet (saws)) didst say to the one (Hadrat Zaid bin Haritha (r.a.), the adopted son of the Prophet (saws)) who had received the grace of Allah and thy favor: "Retain thou (in wedlock) thy wife and fear Allah." But thou didst hide in thy heart that which Allah was about to make manifest: thou didst fear the people but it is more fitting that thou shouldst fear Allah.  Then when Zaid had dissolved (his marriage) with her with the necessary (formality) We joined her in marriage to thee: in order that (in future) there may be no difficulty to the believers in (the matter of) marriage with the wives of their adopted sons when the latter have dissolved with the necessary (formality) (their marriage) with them: and Allah's Command must be fulfilled.

Respected brother in Islam, to the best of our understanding, there is absolutely nothing in the above quoted Verse 37 of Surah Ahzaab which prohibits adoption in Islam! 

Your Question: I really appreciate your nice way of explaining things, but I just want you to keep in mind that according to the civil laws in Islamic countries they all follow what comes in Sharia, so they are following that, and if it was clear and allowed in Islam to adopt then they will follow it, but its clearly not accepted in Islam, and not allowed, there are about 2 million kid live in government Orphanage in Egypt but they are not allowed to be adopted according to Sharia, so you cannot write what you think its nice without asking more why they are not allowing it..
Sahih Al-Bukhari Hadith 6.305         Narrated by Abdullah bin Umar

We used not to call Zaid bin Haritha the freed slave of Allah's Messenger (saws) except Zaid bin Muhammad (saws), till the Qu'anic 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)

The Messenger of Allah (saws) himself adopted Hadrat Zaid (r.a.) as his son, and for a long period of time Hadrat Zaid (r.a.) was known and called as Zaid bin Mohamed (saws)….until Allah Subhanah revealed the Command in Surah Ahzaab guiding the believers to call their adopted sons by the name of their own biological fathers, after which Hadrat Zaid (r.a.) was called and recognized by his biological father’s name, ie. son of Haritha.

Respected brother, if the Noble Prophet Mohamed (saws) himself adopted a child, rest absolutely assured that ‘adoption’ per say cannot and is not prohibited in Islam!!!  What is indeed categorically prohibited in Islam is that one’s adopted child is called and recognized by the name of its adopted father, rather than the name of its own biological father.

We will take your word that 2-million children live in government orphanage houses in Egypt and the government there does not allow adoption….whatever might be the reasons for the governments of so called ‘Islamic Nations’ like Egypt not allowing adoptions, we absolutely assure you in light of the guidance of the Quran and the Sunnah, that adoption by itself is neither discouraged nor prohibited in Shariah Law….on the contrary, it is considered an absolutely meritorious act and deed in the Sight of Allah Subhanah.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 215:

215    They ask thee what they should spend (in charity).  Say: “Whatever ye spend that is good is for parents, and kindred, and orphans, and those in want, and for wayfarers.  And whatever ye do that is good Allah knoweth it well.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 220:

220    …..They ask thee (O Prophet (saws)) concerning orphans.  Say: "The best thing to do is what is for their good.”

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.”

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 its original blood-relationship.   It will not be eligible to inherit from its 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 indeed 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.

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws),   one can be assured of never ever being misled;   but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.  

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