Adopting someone else’s child, bringing it up, seeing to its education and
training and being kind and good towards him/her is very virtuous and a
commendable act. If the child is an orphan and has no support, then the reward
is much more.
In a Hadith recorded by Imam al-Bukhari in his Sahih, the Messenger of Allah
(Allah bless him and give him peace) said:
“I and the guardian of the orphan will be in Paradise like this” and the
Prophet (Allah bless him and give him peace) joined his index finger with his
middle finger. (Sahih al-Bukhari)
Meaning that the one who looks after the orphan will be very close to the
Prophet (Allah bless him and give him peace) in Paradise.
This is an extremely neglected Sunnah of our beloved Prophet (Allah bless him
& give him peace), and we should definitely encourage ourselves and others
towards this direction.
However, it should always be kept in mind that according to Shariah, the lineage
of the adopted child does not become established with the adoptive parents.
Adoption of a child has no legal effect in Shariah. The child should not be
attributed except to the natural parents, and not to those who have adopted
him/her.
This is a fundamental principle and ruling laid down by the Holy Qur’an. The
people in the days of ignorance (Jahiliyya) used to treat an adopted child as
the real one in all aspects. The Qur’an condemned this practice with the
following verse:
“And He (Allah) did not make your adopted sons your sons. That is only your
speech by your mouths. And Allah guides you to the right path. Call them by (the
names of) their (real) fathers. It is more just in the sight of Allah.” (Surah
al-Ahzab, v: 4, 5)
The Messenger of Allah (Allah bless him and give him peace) adopted the
Companion Zaid ibn Haritha (Allah be pleased with him), thus the other
companions (Allah be pleased with them) initially referred to him as “Zaid ibn
Muhammad”. When the abovementioned verse of the Qur’an was revealed, they
reverted to calling him “Zaid ibn Haritha”.
In view of this important principle of Shariah, the following points need to be
taken in to consideration:
1) Legal adoption is not permissible. This means that one cannot change the
lineage of an adopted child and substitute the names of his real parents with
adoptive parents. The child should always be attributed to the real parents so
that it becomes common knowledge amongst the people who the real parents are.
2) If the adoptive mother breastfeeds the adopted child, then it becomes their
foster child. In this case the child will be similar to the real children with
regards to the Nikah and Hijab rules, i.e. the child can not marry the foster
parent, neither any of the foster parent’s children. However with regards to
inheritance, the child will not inherit from the family.
3) If the adoptive mother does not breastfeed the adopted child, then the
relationship of fosterage will not be established and the child will be classed
as other children with regards to Nikah and Hijab. An adopted child can marry
its adoptive parents and their children. Also if a male child is adopted by a
woman, she will have to observe Hijab from him after he reaches the age of
puberty and visa versa. The adopted child will also (after puberty) observe
Hijab with the adoptive parent’s children.
4) An adopted child will not inherit from his adoptive parents and to regard an
adopted child as a real child in the matter of inheritance is incorrect.
However, it should be remembered that although the child cannot inherit from the
adoptive parents, it is permissible, rather advisable to make a bequest in its
favour in ones life time. This “will” for the child can be made up to one
third of one’s wealth, provided the child is not already included in the list
of inheritors.
5) It is necessary to allow the adopted child to meet its real parents.
Preventing him/her from meeting them and creating any obstacles will be
considered as oppression.
6) Good behaviour and conduct should be displayed towards the adopted children,
especially if they are orphans. If a person cannot look after the adopted child
in a proper manner, then he should not adopt, otherwise he will earn punishment
rather than reward.
7) The wealth of the adopted child, who has not yet reached puberty, should be
kept safe. If there is a need to spend the money on the child, then one can
utilize the child’s money upon him. However it should be spent with extreme
care and there should be no extravagance. Loans cannot be taken from the
child’s money, nor can it be given in charity.
From the foregoing, all your queries should be answered; nevertheless here are
the answers to your questions:
(1) Yes, the boy will be considered a brother to the children whose mother
breastfed him, and therefore all the rules Nikah will apply.
(2) Yes, the boy will be a Mahram to the woman who breastfed her and thus Nikah
with her or her children will be not allowed.
(3) No, the boy will not be a Mahram to the adoptive mother and will have to
observe Hijab with her after reaching puberty and also the rules of Nikah will
apply.