Adopting Children, etc

Answered according to Hanafi Fiqh by



1.   I am married with 2 sons from a previous marriage.  My present husband wants to legally adopt my sons according SA Law and give them his surname.

      Can he do this and is it permissible to Shari-ah.

  1. My husband is against me taking an orphan child for weekends only and giving love & care.
  2. Will it be Haraam if I do this against his will even though he’s not that religious?
  3. My husband attempted to hit before and I forgave him is it right that do not feel attracted to him no more.
  4. My husband does not want to perform Salaah and is not good example for my children

   Should I remain in this marriage?






1: If by changing their surname their lineage changes it will not be permissible for your children’s surname to be changed. And if by changing their surname their lineage remains the same it is allowed. Although your children do not become heirs to your husbands estate (in case of his death) according to Islamic law.

 2: Looking after and caring for an orphaned child is a very virtuous and rewarding act. Try and please your husband while doing it.

3: We advise staying in this marriage and keep on explaining to your husband the importance of obeying the commands of Allah Ta’ala, as we are not going to live forever. There is no need for divorce.

And Allah Ta’ala knows best

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah


22 June 2007

06 Jumaaduth Thaani 1428