A father’s relinquishment of his child to an adopter does not permit adoption
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Fatwa No. ( 3149 )
Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed the inquiry submitted to His Eminence the General President by the Assistant Director of Passports in Riyadh , referred by His Eminence with number 1616/1D on 21/6/1400 AH, the text of which is: You will find enclosed the complete documents regarding the infant Shama, whose father (A. A. M.), a Pakistani national, submitted the attached request stating: that he was blessed with the aforementioned infant, and that he has gifted her to his wife’s uncle (N. I. S. M.), a Pakistani national, who in turn added her to his wife’s attached passport, done by the Pakistani embassy in Jeddah, and the attached consents from both parties agreeing to this were obtained. It was established that the infant was born in the Kingdom on 14/11/1399 AH, and that the infant’s father and the adopter
reside in the Kingdom with legal residency. Therefore, we refer the complete documents to you for review from the Sharia perspective and to inform us of the ruling.
And it responded as follows: It is not permissible for any person to relinquish any of his descendants to another in a way that severs his lineage from him and attaches him to the one to whom he was relinquished. Nor is it permissible for any person to attach to his lineage anyone who is not of his lineage, absolutely, by explicit text and the consensus of the Muslims. The Committee was previously asked about this and answered with Fatwa No. (53) on 21/3/1392 AH, the text of which is as follows: 1 - Adoption was known in the days of the pre-Islamic age of ignorance before the message of our Prophet Muhammad (peace and blessings be upon him). Whoever adopted someone other than his son would attribute him to himself, inherit from him, and be alone with his wife and daughters, and the wife of the adopted son would be forbidden to the adopter. In summary: the status of the adopted son was the same as the real son in all matters. The Prophet (peace and blessings be upon him) adopted Zayd ibn Harithah ibn Shurayhil al-Kilabi before the revelation, so he was called Zayd ibn Muhammad. The practice of adoption continued as it was in the pre-Islamic age of ignorance until the third or fifth year of the Hijrah.
2 - Then Allah commanded that adopted children be attributed to their fathers from whose loins they were born, if they are known. If their fathers from whose loins they were born are not known, they are brothers in religion and clients (mawala) of those who adopted them and others. The Exalted forbade attributing a child to his adopter with a true attribution. Rather, He forbade the child himself from attributing himself to anyone other than his real father, except if this slips from the tongue by mistake, in which case there is no blame. The Exalted clarified that this ruling is pure justice; because of the truth in speech, the preservation of lineages and honor, and the preservation of financial rights for those who are more entitled to them. Allah the Exalted said:[Al-Ahzab 33:4-5] And he (peace and blessings be upon him) said: Sahih al-Bukhari 4326, 4327 Narrated by Ahmad and al-Bukhari and Muslim and Abu Dawud and Ibn Majah . And he (peace and blessings be upon him) said: Sunan Abi Dawud 5115Sahih (Al-Albani)
It was narrated by Abu Dawud. 3 - By His decree regarding adoption—meaning the claimed sonship that has no reality—He abolished the rulings that existed in the age of ignorance and continued in the early period of Islam: A- He abolished inheritance between the adopter and the adopted child based on this sonship that has no reality, and He made it so that each of them may treat the other with kindness during his lifetime, and may treat him with a bequest he deserves after the death of the bequeather, provided that it does not exceed one-third of the bequeather's wealth. The Shari'ah detailed the rulings of inheritance and its beneficiaries, and neither the adopter nor the adopted child is among the beneficiaries in these details. The Exalted also mentioned inheritance, kindness, and good conduct in general, saying:[Al-Ahzab 33:6] B- And Allah permitted the adopter to marry the wife of his adopted son after he divorces her, whereas it was forbidden in the age of ignorance. He began this with His Messenger (peace and blessings be upon him) to make the permission stronger and the abolition of the custom of the people of ignorance in forbidding it more severe.
in forbidding it. Allah the Exalted said:[Al-Ahzab 33:37] So the Prophet (peace and blessings be upon him) married Zaynab bint Jahsh by the command of Allah after her husband Zayd ibn Harithah divorced her. 4 - It is clear from what has preceded that abolishing adoption does not mean abolishing human meanings and Islamic rights such as brotherhood, affection, ties, and kindness, and everything connected to the meanings of matters that suggests doing good: A- A person may call someone younger than him "my son" as a way of being gentle with him, showing him affection, and making him feel tenderness, so that he feels at ease with him, listens to his advice, or has his needs met. He may also call someone older than him "my father" as a sign of respect and to seek his favor, so that he may receive his kindness and advice, and so that he may be a helper to him, and so that good conduct prevails in society, the bonds between its members are strengthened, and everyone feels the sincere brotherhood in humanity and religion.
B- The Shari'ah has encouraged cooperation in righteousness and piety, and urged all people to affection and excellence. Allah the Exalted said:[Al-Ma'idah 5:2] And he (peace and blessings be upon him) said: Sahih Muslim 2586a Narrated by Ahmad and Muslim . And he said: Sunan an-Nasa'i 2560Sahih (Darussalam) Narrated by al-Bukhari and Muslim and al-Tirmidhi and al-Nasa'i . And among this is: Taking charge of orphans, the poor, the elderly who cannot earn, and those whose fathers are not known, by looking after them, raising them, and being kind to them, so that there is no destitute or neglected person in society, fearing that the community may be afflicted with the evil consequences of their upbringing or rebellion, due to what they feel of the society’s harshness and neglect toward them. And Islamic governments should establish homes for the elderly, orphans, foundlings, those with no provider, and those in their category. If the public treasury does not meet the needs of those people, they should seek help from the wealthy of the community. He (peace and blessings be upon him) said: Sahih al-Bukhari 2399
Narrated by al-Bukhari . And this is how the signature was obtained. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad and his family and his Companions.
Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. And after: The Permanent Committee for Scholarly Research and Ifta has reviewed the inquiry submitted to His Eminence the General President by the Assistant Director of Passports in Riyadh , referred by His Eminence with number 1616/1D on 21/6/1400 AH, the text of which is: You will find enclosed the complete documents regarding the infant Shama, whose father (A. A. M.), a Pakistani national, submitted the attached request stating: that he was blessed with the aforementioned infant, and that he has gifted her to his wife’s uncle (N. I. S. M.), a Pakistani national, who in turn added her to his wife’s attached passport, done by the Pakistani embassy in Jeddah, and the attached consents from both parties agreeing to this were obtained. It was established that the infant was born in the Kingdom on 14/11/1399 AH, and that the infant’s father and the adopter
reside in the Kingdom with legal residency. Therefore, we refer the complete documents to you for review from the Sharia perspective and to inform us of the ruling.
And it responded as follows: It is not permissible for any person to relinquish any of his descendants to another in a way that severs his lineage from him and attaches him to the one to whom he was relinquished. Nor is it permissible for any person to attach to his lineage anyone who is not of his lineage, absolutely, by explicit text and the consensus of the Muslims. The Committee was previously asked about this and answered with Fatwa No. (53) on 21/3/1392 AH, the text of which is as follows: 1 - Adoption was known in the days of the pre-Islamic age of ignorance before the message of our Prophet Muhammad (peace and blessings be upon him). Whoever adopted someone other than his son would attribute him to himself, inherit from him, and be alone with his wife and daughters, and the wife of the adopted son would be forbidden to the adopter. In summary: the status of the adopted son was the same as the real son in all matters. The Prophet (peace and blessings be upon him) adopted Zayd ibn Harithah ibn Shurayhil al-Kilabi before the revelation, so he was called Zayd ibn Muhammad. The practice of adoption continued as it was in the pre-Islamic age of ignorance until the third or fifth year of the Hijrah.
2 - Then Allah commanded that adopted children be attributed to their fathers from whose loins they were born, if they are known. If their fathers from whose loins they were born are not known, they are brothers in religion and clients (mawala) of those who adopted them and others. The Exalted forbade attributing a child to his adopter with a true attribution. Rather, He forbade the child himself from attributing himself to anyone other than his real father, except if this slips from the tongue by mistake, in which case there is no blame. The Exalted clarified that this ruling is pure justice; because of the truth in speech, the preservation of lineages and honor, and the preservation of financial rights for those who are more entitled to them. Allah the Exalted said:
And he has not made your adopted sons your [true] sons. That is [merely] your saying by your mouths, but Allah says the truth, and He guides to the [right] way. (5) Call them by [the names of] their fathers; it is more just in the sight of Allah. But if you do not know their fathers - then they are [still] your brothers in religion and those entrusted to you. And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever is Allah Forgiving and Merciful.
وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ ذَلِكُمْ قَوْلُكُمْ بِأَفْوَاهِكُمْ وَاللَّهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي السَّبِيلَ (4) ادْعُوهُمْ لآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللَّهِ فَإِنْ لَمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ وَلَكِنْ مَا تَعَمَّدَتْ قُلُوبُكُمْ وَكَانَ اللَّهُ غَفُورًا رَحِيمًاIf somebody claims to be the son of somebody other than his father knowingly, he will be denied Paradise (i.e. he will not enter Paradise).
من ادعى إلى غير أبيه وهو يعلم فالجنة عليه حرامIf anyone pretends to be the son of a man other than his father, or attributes his freedom to people other than those who set him free, on him will be the curse of Allah that will continue
من ادعى إلى غير أبيه أو انتمى إلى غير مواليه فعليه لعنة الله المتتابعةIt was narrated by Abu Dawud. 3 - By His decree regarding adoption—meaning the claimed sonship that has no reality—He abolished the rulings that existed in the age of ignorance and continued in the early period of Islam: A- He abolished inheritance between the adopter and the adopted child based on this sonship that has no reality, and He made it so that each of them may treat the other with kindness during his lifetime, and may treat him with a bequest he deserves after the death of the bequeather, provided that it does not exceed one-third of the bequeather's wealth. The Shari'ah detailed the rulings of inheritance and its beneficiaries, and neither the adopter nor the adopted child is among the beneficiaries in these details. The Exalted also mentioned inheritance, kindness, and good conduct in general, saying:
And those of [blood] relationship are more entitled [to inheritance] in the decree of Allah than the [other] believers and the emigrants, except that you may do to your close associates a kindness [through bequest]
وَأُولُو الأَرْحَامِ بَعْضُهُمْ أَوْلَى بِبَعْضٍ فِي كِتَابِ اللَّهِ مِنَ الْمُؤْمِنِينَ وَالْمُهَاجِرِينَ إِلا أَنْ تَفْعَلُوا إِلَى أَوْلِيَائِكُمْ مَعْرُوفًاin forbidding it. Allah the Exalted said:
So when Zayd had no longer any need for her, We married her to you in order that there not be upon the believers any discomfort concerning the wives of their adopted sons when they no longer have need of them. And ever is the command of Allah accomplished.
فَلَمَّا قَضَى زَيْدٌ مِنْهَا وَطَرًا زَوَّجْنَاكَهَا لِكَيْ لاَ يَكُونَ عَلَى الْمُؤْمِنِينَ حَرَجٌ فِي أَزْوَاجِ أَدْعِيَائِهِمْ إِذَا قَضَوْا مِنْهُنَّ وَطَرًا وَكَانَ أَمْرُ اللَّهِ مَفْعُولاB- The Shari'ah has encouraged cooperation in righteousness and piety, and urged all people to affection and excellence. Allah the Exalted said:
And cooperate in righteousness and piety, but do not cooperate in sin and aggression.
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلاَ تَعَاوَنُوا عَلَى الإِثْمِ وَالْعُدْوَانِThe similitude of believers in regard to mutual love, affection, fellow-feeling is that of one body; when any limb of it aches, the whole body aches, because of sleeplessness and fever.
مثل المؤمنين في توادهم وتراحمهم وتعاطفهم كمثل الجسد إذا اشتكى منه عضو تداعى له سائر الجسد بالحمى والسهرThe believers are like a building they support one another.
المؤمن للمؤمن كالبنيان يشد بعضه بعضاif a true believer dies and leaves behind some property, it will be for his inheritors (from the father's side), and if he leaves behind some debt to be paid or needy offspring, then they should come to me as I am the guardian of the deceased.
أيما مؤمن ترك مالا فليرثه عصبته من كانوا، ومن ترك دينا أو ضياعا فليأتني فأنا مولاهNarrated by al-Bukhari . And this is how the signature was obtained. And success is from Allah, and may Allah send blessings and peace upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.