Tuesday 31 December 2013

Adoption in Isalam

Answer:
Adoption in Isalam
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Sahih Al-Bukhari Hadith 7.25 Narrated by Aisha
Abu Hudhaifa bin Utba bin Rabi'a bin Abdi Shams who had witnessed the battle of Badr along with the Prophet (saws) adopted Salim as his son, to whom he married his niece, Hind bint Al-Walid bin 'Utba bin Rabi'a; and Salim was the freed slave of an Ansar woman, just as the Prophet (saws) had adopted Zaid as his son. It was the custom in the Pre-Islamic period that if somebody adopted a boy, the people would call him the son of the adoptive father and he would be the latter's heir. But when Allah revealed the Divine Verses: "Call them by (the names of) their fathers……" (33.5) the adopted persons were called by their fathers' names. The one whose father was not known, would be regarded as a Maula and their brother in religion.
Sahih Al-Bukhari Hadith 6.305         Narrated by Abdullah bin Umar
We used not to call Zaid bin Haritha (r.a.) the freed slave and adopted son of Allah's Messenger (saws) except Zaid bin Muhammad till the Quranic Verse was revealed: "Call them (adopted sons) by (the names of) their fathers. That is more than just in the Sight of Allah." (33.5)
The Messenger of Allah (saws) himself adopted the slave-boy Zaid bin Haritha (r.a.) given as a gift to him by his wife Hadrat Khadijah (r.a.)…..Hadrat Zaid (r.a.) lived and grew up in the Prophet’s (saws) household along with his other children, and until the Divine Verses of Surah Ahzaab were revealed years later in Madinah, Hadrat Zaid bin Haritha (r.a.) was called and recognized and Zaid bin Mohamed (saws)! 
Al-Tirmidhi Hadith 4974        Narrated by Abu Umamah
Allah's Messenger (saws) said, "If anyone strokes an orphan's head, doing so only for Allah's Sake, he will have blessings for every hair over which his hand passes; and if anyone treats well an orphan girl or boy under his care, he and I (Prophet Mohamed (saws)) shall be like these two in Paradise," putting two of his fingers together!
Al-Tirmidhi Hadith 4973        Narrated by Abu Hurayrah
Allah's Messenger (saws) said, "The best house among the Muslims is one which contains an orphan who is well treated, and the worst house among the Muslims is one which contains an orphan who is badly treated."
Sahih Al-Bukhari Hadith 8.34 Narrated by Sahl bin Sad
The Prophet (saws) said, "I and the person who looks after an orphan and provides for him, will be in Paradise like this," putting his index and middle fingers together.”
In light of the above guidance of the Quran and Sunnah not only is adoption permitted in Islam, it is highly encouraged and an extremely meritorious act in the Sight of the Lord Most Gracious.
There is absolutely no restriction in Shariah regarding a single woman adopting a child, but because the relationship of blood in Islamic Law has obvious ties towards marriage, inheritance, etc.; there are certain guidelines in Islam a believer who wishes to adopt must follow:
  1. The child will always be called by his/her biological father’s name.
  2. The child will only inherit from his original blood-relationship.   He will not be eligible to inherit from his foster-parents.  The foster-parents who adopt the child have the option to will or bequeath upto a maximum of one/third of their wealth to their adopted children after their death, if they wish to do so.
  3. If the foster-mother has nursed the adopted child in her infancy, then she will be considered a mehram of the child; but if the foster-mother has not nursed the adopted child, then she will not be considered a mehram of the adopted child.

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