I have three daughters and my younger daughter was having desire to have a brother and insisted too much and we were compelled to adopt a male child from my brother-in-law (my wife’s brother). Is adoption of a child under Shariah or not? If we can adopt a child. Is he a legal heir and how much share we should give him from the property. What does Shariah say about this? Kindly let me know.

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 908/863/L=07/1436)

It is lawful and chosen practice to adopt a child in itself. The holy Prophet Muhammad (may Allah bless him and grant him peace) adopted Hadhrat Zaid (may Allah be pleased with him) and declared him his adopted son. However, an adopted son shall not take the status of real son. If the person who has adopted the child dies then the adopted son shall not be legitimate heir as per the Shari’ah. Yes, if someone gives an adopted son some land or cash etc in his lifetime and makes him its sole owner then he shall become its owner.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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