Home » Hanafi Fiqh » Mahmoodiyah »   Is adoption jaiz in Islam?  (be it [the child] a family member or not) If the child has already been adopted, will it be binding upon the parents which have adopted this child to return the child to his real parents if they demand it?  If the child doesn’t want to go to his real parents, does he have that option? With regards to inheritance, from who does the child inherit?  Can he be any part of the real parents will? Does the adopting parents daughters have to maintain purdah from this adopted son?  

  Is adoption jaiz in Islam?  (be it [the child] a family member or not) If the child has already been adopted, will it be binding upon the parents which have adopted this child to return the child to his real parents if they demand it?  If the child doesn’t want to go to his real parents, does he have that option? With regards to inheritance, from who does the child inherit?  Can he be any part of the real parents will? Does the adopting parents daughters have to maintain purdah from this adopted son?  

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

 

  1. Is adoption jaiz in Islam?  (be it [the child] a family member or not)
  2. If the child has already been adopted, will it be binding upon the parents which have adopted this child to return the child to his real parents if they demand it?  If the child doesn’t want to go to his real parents, does he have that option?
  3. With regards to inheritance, from who does the child inherit?  Can he be any part of the real parents will?
  4. Does the adopting parents daughters have to maintain purdah from this adopted son?

 


Answer:

 

  

1.       It is permissible to adopt a child, be it a family member or not, with the consent of the biological parents.

2.       The child always remains linked to the biological parents during its entire life; therefore they have rights over the child at all times.  If they wish to forgo their rights over the child and give the child up for adoption, they may do so.  However, if they wish to reclaim the child at any time, they are entitled to do so.

3.       The adopted child will inherit from its biological parents; therefore a bequest can not be made for such a child by the biological parents. 

4.       The adoptive parent’s daughters must observe purdah from the adopted child when he reaches the age of puberty and vice versa.

 And Allah Ta’ala knows best,

Ilyaas bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

09 March 2004

17 Muharram 1425

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