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Regarding Adoption

Answered as per Hanafi Fiqh by Askimam.org

This is an extention to question No 2757 which I have asked for adoption of a child. What exactly the Islam says about Adoption. Can I give my name to the child which I am going to adopt.


What is the Islamic view with regard to adoption?

If by adoption is meant that you take a poor child and look after his
boarding, lodging and clothing, Islam has always stressed the importance of
helping the poor and needy people. One can always give charity and fatherly
love to the child.

It is reported in a Hadith that the one who assumes responsibility for the
well-being of an orphan will be granted the nearness of Nabi (Sallallahu
Alayhi Wasallam) in Jannat (Mishkaat). This is an extremely neglected Sunnat
of our beloved Nabi (Sallallaahu Alayhi Wasallam) and we should definitely
aspire in this direction; however, we must uphold the framework of the

One cannot legally adopt; you cannot give your name to the child. Legal
adoption like this is prohibited in Islam.

If a person legally adopts a child there can be several complications.
Firstly, the child will lose his identity. Secondly, suppose after adopting
a child one has children of his own. It is natural that in such a situation
you will show bias in favour of your own blood child. Thirdly, if the child
born to you is of the opposite sex to the adopted child, they cannot freely
stay in the same home because they aren’t blood related to each other. When
the adopted child, a girl, grows up, she has to make Purdah (Hijaab) with
the adopted father as he is not her real father. If the boy becomes a man
and marries, there will be Hijaab between the so called father and

If you adopt a child you will be depriving him/her of many rights. If a
person dies, the property that he leaves behind has to be divided according
to what is mentioned in the Qur’an.

If the person has children and if he legally adopted a child, he will be
depriving his own child of his legitimate inheritance. If a person has no
children when he dies, then his wife will get 1/4 the estate. If there are
children she gets 1/8. Again the adopted child will reduce the share of the
mother should this child be considered legally legitimate.

To avoid all these complications, legal adoption is prohibited in Islam.
However this should in no way dissuade us from earning tremendous reward by
taking care of orphan children.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
Fatwa Dept.

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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