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Question:
I have been married for 12 years but I have not been blessed with children.
I live in a non-Muslim country, and I want to adopt a female child to raise
her with Islamic manners so that Allah the Almighty may bless her and so
that she may supplicate Allah the Almighty for us after our death. However,
adoption entails registering this child in my name, otherwise I will not be
allowed to take the child I intend to adopt and raise. There are thousands
of children without fathers in this country. For this reason, I want you to
explain the legal ruling on adoption. Allah guides us all to success.
Answer:
Seeking the help of Allah, the Almighty, I say:
Adoption was well-known and practiced in the pre-Islamic period of
ignorance. It continued as such until its prohibition was revealed in the
Qur’anic verse in which Allah States, "Call them by [the names of] their
fathers; it is more just in the sight of Allah . But if you do not know
their fathers - then they are [still] your brothers in religion and those
entrusted to you." [Al-Ahzâb: 5] Commenting on this verse, Al-Qurtubî said
in his commentary on the Qur’ân: "An-Nahhâs said, 'This verse has abrogated
the adoption that was done by Arabs before that. It is a kind of abrogating
a Prophetic Tradition with a Qur’anic verse. Thus, Allah the Almighty has
commanded Muslims to call the child whom they adopted by the name of his
known father. However, if his father is not known, he is considered a freed
slave of the one who freed him. Yet, if his previous master is not known
then he is called as a brother in faith. Allah the Almighty Says, 'The
believers are but brothers.'" [Tafsîr Al-Qurtubî: 14/119]
Accordingly, adoption is not permissible in any case, and it is different
from maintaining orphans which Islam exhorts us to do. Al-Bukhârî,
At-Tirmidhî, Abû Dâwûd, and Ahmad related on the authority of Sahl that
Allah's Messenger (peace be upon him) said, "I and the one who looks after
an orphan will be like this in Paradise," showing his middle and index
fingers and separating them. This hadîth is also related by Muslim, Ahmad,
and Mâlik on the authority of Abû Hurayrah (may Allah be pleased with him).
Imam An-Nawawî (may Allah have mercy on him) said in his commentary on Sahîh
Muslim, "The one who looks after an orphan is the one who cares for
supporting him in terms of maintenance, clothing, refinement, bringing up,
and so on. This merit is given to the one who maintains the orphan from his
own money, or from the money of the orphan through legal guardianship."
Whoever is deprived of the gift of children should sacrifice to obtain the
reward of Allah, Exalted be He; because this is an affliction that can never
be warded off. Allah the Almighty, Says, "…and He renders whom He wills
barren…" [Ash-Shûrâ: 50]. If someone seeks to look after an orphan, raise
him and take care of him, one will obtain a great reward in the Hereafter,
and intimacy and blessings in this life. However, one should take
precautions to preserve his faith by considering the following points:
• It is not permissible for the one who looks after the son of another
person – be he an orphan, a foundling or anything else – to attribute him to
himself. Rather, the child should be attributed to his real father. If his
real father is not known, he should be attributed to something he is known
for; for example he can be called so and so, the Syrian or Egyptian, and so
on. Or he may be called a brother in faith.
• If there is a necessity to mention the name of his father in official
documents, he could be attributed to `Abdullâh or `Abdur-Rahmân. This is
because all people are servants of Allah the Almighty including the father
of the child.
• If a man raises a girl who has not descended from his lineage or does not
belong to his unmarriageable female kin by way of kinship or breastfeeding,
she continues to be a foreign woman to him. She should be kept away from him
after reaching the age of puberty unless she is a daughter of his wife with
whom he has consummated marriage.
• If a woman has raised a child who is not her real son by way of kinship or
breastfeeding or is not one of the sons of her husband or one of her
unmarriageable male kin, then she is not allowed to display her beauty
before him after he has reached the age of puberty. Rather, she should take
precautions in this regard. This hardship would be removed from her if she
breastfed him herself or if he was breastfed by her sister, mother or
daughter. This is because after the child has been breastfed in this way,
she becomes a mother, sister or aunt of the child.
This is what I say, and success is only from Allah the Almighty, and it is
He Who guides to the Straight Path.
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