IslamQA.org Logo

Giving up guardianship of a child

Answered according to Hanafi Fiqh by Askimam.org

 I’ve read a previous answer where it was deemed permissible to hand over guardianship of a child provided both parents agree to forfeit their right over the child in favour of someone else. I would like to know whether it’s permissible to conceive a child with that intention, i.e. of giving him/her up for adoption to a couple that do not have a child.  

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

It is permissible for a husband and wife to conceive a child with the intention of handing over the child to someone else for adoption. However, the child’s lineage will still be established to his father. Furthermore, the adoptive parents and adopted child will not be considered heirs unto one another.[1]  

And Allah Ta’āla Knows Best

Hisham Dawood

Student Darul Iftaa
Chicago, USA 

Checked and Approved by,
Mufti Ebrahim Desai.


[1]

 الولد للفراش وللعاهر الحجر (صحيح البخاري)

 كفاية المفتي ج-٥ ص-٢٧٦، دار الإشاعت

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

Find more answers indexed from: Askimam.org
Read more answers with similar topics: