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Can daughter adopt if marriage to father’s brother’s son is invalid due to uncle-niece relation?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Asalamualaykum Mufti Sahib, Is adoption permissible in Islam? My eldest daughter is married to my fathers real brothers son 20 years ago. She has 3 children out of the marriage. Someone told me that the nikah is invalid because of the uncle-neice relation. Is it so? If it is invalid, then what is to be done now? Please reply at the earliest.

Answer

(Fatwa: 1633/1633/M=1430)

(1)    A child does not become one’s own and real son due to adoption. And the adopter does not become real father and the adopted son does not become his lawful heir. If someone adopts a child with the intention to become his real son and lawful heir, it is not right. It is unlawful.

(2)    Don?t worry; this Nikah is valid according to shariah.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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