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:

ASSAALAMUALAIKUM,

ADOPTION IS PERMITED IN ISLAM AND IF A MOMIN HAS ADOPTED A GIRL THEN AT THE TIME OF HER NIKKA WHOSE NAME SHOULD IT BE e.i. HER BLOOD RELATED FATHER OR FROSTER FATHER.IF THE NAME OF HER BLOOD RELATED FATHER IS NOT PRONOUNCED AS"DAUGHTER OF" AND IT IS PRONOUNCED WITH THE NAME OF THE FROSTER FATHERR IS THE NIKKA JAAYAZ?

(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:

Name of adopted daughter

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 Question: …..AND IF A MOMIN HAS ADOPTED A GIRL THEN AT THE TIME OF HER NIKKA WHOSE NAME SHOULD IT BE e.i. HER BLOOD RELATED FATHER OR FROSTER FATHER.

Allah Says in the Holy Quran Chapter 33 Surah Ahzaab verses 4-5:

4        Allah has not made for any man two hearts in his (one) body: nor has He made your wives whom ye divorce by Zihar your mothers: nor has He made your adopted off-spring your off-spring.  Such is (only) your (manner of) speech by your mouths.  But Allah tells (you) the Truth and He shows the (right) Way.

5        Call them (those whom you adopt) by (the names) of their fathers: that is juster in the sight of Allah; but if ye know not their father's (names call them) your Brothers in faith or your ‘mawlas’.  But there is no blame on you if ye make a mistake therein: (what counts is) the intention of your hearts: and Allah is Oft-Returning Most Merciful.

If Allah Subhanah has blessed one and one is fortunate enough to have adopted a child, that child should always, and we reiterate, always be called, addressed, and recognized by the name of its own biological father….that would be more just and more appropriate in the Sight of the Lord Most Majestic, Most Supreme.

It is not that only at the time of the ‘nikaah’ of the adopted girl she should be called or addressed by the name of her own biological father; at all times the adopted girl should be called and recognized by the name of her own biological father and never her adopted father….that would be more just in the Sight of the Lord.

Your Question: …..IF THE NAME OF HER BLOOD RELATED FATHER IS NOT PRONOUNCED AS "DAUGHTER OF" AND IT IS PRONOUNCED WITH THE NAME OF THE FROSTER FATHERR IS THE NIKKA JAAYAZ?

Allah Says in the Holy Quran Chapter 33 Surah Ahzaab verses 4-5:

4        Allah has not made for any man two hearts in his (one) body: nor has He made your wives whom ye divorce by Zihar your mothers: nor has He made your adopted off-spring your off-spring.  Such is (only) your (manner of) speech by your mouths.  But Allah tells (you) the Truth and He shows the (right) Way.

5        Call them (those whom you adopt) by (the names) of their fathers: that is juster in the sight of Allah; but if ye know not their father's (names call them) your Brothers in faith or your ‘mawlas’.  But there is no blame on you if ye make a mistake therein: (what counts is) the intention of your hearts: and Allah is Oft-Returning Most Merciful.

If perchance due to ignorance or mistake, the name of her foster-father was associated with the bride’s name rather than her own biological father at the time of her ‘nikaah’……that by itself would not invalidate her ‘nikaah’ in the least.  Her ‘nikaah’ would be absolutely valid and legal in the Sight of Shariah Law and in the Sight of Allah Subhanah.

If one intentionally associates the name of the adopted daughter with her foster-father….so as to falsely imply or give the impression to the public or the society that the adopted child is their own daughter rather than their adopted daughter……that indeed would be a manifest transgression and a grave sin in the Sight of the Lord; and one should turn unto their Lord in ‘taubah’ and seek sincere forgiveness for their fraud and deception.

Sahih Al-Bukhari Hadith 4.712         Narrated by Wathila bin Al Asqa

Allah's Messenger (saws) said, "Verily, one of the worst lies is to claim falsely to be the son (child) of someone other than one's real father, or to claim to have had a dream one has not had, or to attribute to me what I have not said."

Sahih Al-Bukhari Hadith 4.711         Narrated by Abu Dhar

The Prophet (saws) said, "If somebody claims to be the son (child) of any other than his real father knowingly, he but disbelieves in Allah; and if somebody claims to belong to some folk to whom he does not belong, let such a person take his place in the (Hell) Fire."

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