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Who is an Orphan?

Answered as per Hanafi Fiqh by Seekersguidance.org

Answered by Ustadh Tabraze Azam

Question: Assalamu alaykum,

We have, from the child welfare, been given the responsibility of a two days old baby. His mother dosen’t want anything to do with him, and the father is said to be immature.They are non muslims.

Is this baby a yateem/orphan? What are his rights that we have to fulfill?

Answer: Wa alaikum assalam wa rahmatullahi wa barakatuh,

I pray that you are in the best of health and faith, insha’Allah.

The orphan is the child whose father dies. [Nasafi, Tilbat al-Talaba]

What you have described would be considered to be adoption. Treat the child as your own, give him a healthy, religious upbringing, and ask Allah to make this opportunity a means of winning unto His Supreme Good Pleasure in this life and the Next.

Please see the following articles for further advice and details: The Fiqh of Adoption and: Giving an Adopted Child Your Family Name and: The Position of Islam on Divorce, Adoption and Abortion

And Allah alone gives success.


Tabraze Azam

Checked & Approved by Faraz Rabbani

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