QA-ID-0009
QUESTION
I wanted to ask about something. My wife and I have been thinking for a while to adopt a child, if it was a boy what is the ruling for that towards our own daughters? Would the boy he is a adult be there mehram or not?
ANSWER
﷽
Adopted children do not have the same status as biological children, as per Qur’ān 33:4-5:
وَما جَعَلَ أَدعِياءَكُم أَبناءَكُم ۚ ذٰلِكُم قَولُكُم بِأَفوٰهِكُم ۖ وَاللَّهُ يَقولُ الحَقَّ وَهُوَ يَهدِى السَّبيلَ
This means an adopted child does not become mahram merely by adoption. The adopted child remains a ghayr mahram. If the adopted child is a girl, then she will remain ghayr mahram for the husband and any biological sons. If the adopted child is a boy, then he will remain ghayr mahram for the wife and any biological daughters. As such, pardah is necessary.
The same ruling applies to the inheritance. The adopted child will not inherit by default like biological children. They can only inherit if a bequest is made in a will for them up to 1/3 of the total estate.
One way to make the adopted child a mahram is if the wife breastfeeds the child before the child reaches the age of 2 years. If the wife breastfeeds the child, the wife becomes his foster (rida’ī) mother; the husband becomes the foster father; the biological children become foster brothers and sisters. This of course is not possible in the case of an adopted child older than 2 years.
Adopting and looking after a child is certainly rewarding. However, the rules of the Sharī’ah must be followed in terms of pardah, otherwise the reward is lost and instead a person becomes sinful.
والله تعالى أعلم
And Allāh Knows Best
Muhammad Kalim Misbahi
