Adoption in Islam: Understanding Le Palak New

Understanding the Ruling on Adopted Sons (Le Palak) in Islam

The custom of taking an adopted son (Le Palak Beta) existed in the pre-Islamic era of ignorance (Jahiliyyah) before the advent of the Prophet’s mission. When a person would make someone other than his own child his adopted son, he would attribute the child to himself, give him a share in inheritance, allow him seclusion with his wife and daughters, and the wife of his adopted son would be forbidden to him (the adoptive father).

In summary, an adopted child was considered like a biological child in all matters. The Noble Prophet (peace be upon him) had made Zayd ibn Harithah ibn Sharahil al-Kalbi his adopted son before his prophethood, and he was called Zayd ibn Muhammad. This practice of taking an adopted son continued in the same manner as it was prevalent in the era of Jahiliyyah until the 3rd or 5th year of Hijrah.

Then Allah Almighty commanded that adopted sons be attributed to their real fathers from whom they were born, provided their fathers are known. However, if their real father cannot be identified, then they are to be considered brothers in faith and Mawali (clients or allies) to those who adopted them or to others. Allah Almighty has forbidden attributing an adopted son to the adopter as a real son; in fact, He has forbidden the boy himself from attributing himself to anyone other than his real father, unless it happens by a slip of the tongue, in which case there is no sin. And Allah has clarified that in this ruling lies pure justice, because it upholds truth, protects self-respect, and preserves the financial rights of the one who deserves them.

Allah Almighty says:

وَ مَا جَعَلَ اَدۡعِیَآءَکُمۡ اَبۡنَآءَکُمۡ ؕ ذٰلِکُمۡ قَوۡلُکُمۡ بِاَفۡوَاہِکُمۡ ؕ وَ اللّٰہُ یَقُوۡلُ الۡحَقَّ وَ ہُوَ یَہۡدِی السَّبِیۡلَ ﴿۴﴾ اُدۡعُوۡہُمۡ لِاٰبَآئِہِمۡ ہُوَ اَقۡسَطُ عِنۡدَ اللّٰہِ ۚ فَاِنۡ لَّمۡ تَعۡلَمُوۡۤا اٰبَآءَہُمۡ فَاِخۡوَانُکُمۡ فِی الدِّیۡنِ وَ مَوَالِیۡکُمۡ ؕ وَ لَیۡسَ عَلَیۡکُمۡ جُنَاحٌ فِیۡمَاۤ اَخۡطَاۡتُمۡ بِہٖ ۙ وَ لٰکِنۡ مَّا تَعَمَّدَتۡ قُلُوۡبُکُمۡ ؕ وَ کَانَ اللّٰہُ غَفُوۡرًا رَّحِیۡمًا ﴿۵﴾

Translation: "...nor has He made your adopted sons your [true] sons. That is just your saying by your mouths, but Allah speaks the truth, and He guides to the [right] way. Call them by [the names of] their fathers; it is more just in the sight of Allah. And if you do not know their fathers - then they are your brothers in faith and your friends. 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."

And the Noble Prophet (peace be upon him) said:

“Whoever knowingly attributes himself to someone other than his father, Paradise is forbidden for him.”

Sahih al-Bukhari, Book of Military Expeditions (Maghazi): Hadith No. 4327,

Sahih Muslim, Book of Faith (Iman): Hadith No. 63,

Sunan Abu Dawood, Book of Adab (Manners): Hadith No. 5113,

Sunan Ibn Majah, Book of Hudud (Prescribed Punishments): Hadith No. 2610,

Musnad Ahmad 5/46,

Sunan al-Darimi, Book of Siyar (Conduct of War): Hadith No. 2530.

It is narrated by Ahmad, Imam Bukhari, Imam Muslim, Imam Abu Dawood, and Ibn Majah.

And the Noble Prophet (peace be upon him) said:

“Whoever attributes himself to someone other than his father or his master, the continuous curse of Allah will be upon him.”

Book of Adab (Manners), Sunan Abu Dawood: Hadith No. 5115.

It is narrated by Imam Abu Dawood.

By abolishing the custom of making an adopted son, Allah Almighty ended those rulings that were prevalent in the era of Jahiliyyah and the early days of Islam which had no basis in reality:

A– Allah Almighty terminated the chain of inheritance between the adopted son and the one who adopted him, because this practice had no reality. He encouraged each to treat the other with goodness and kindness in life. Furthermore, He made it permissible for the adopter to make a bequest (Wasiyyah) for him, on the condition that this bequest does not exceed one-third of the testator’s wealth. Islamic law has detailed the inheritance and its rightful heirs, and among these rightful heirs, the adopted son is not mentioned. Allah Almighty has also mentioned inheritance, charity, and kindness in general terms. Allah Almighty says:

“And blood relatives are more worthy of one another in the decree of Allah than other believers and the emigrants, except that you may do good to your friends.”

B– Allah Almighty made it permissible for the adopting man to marry the wife of his adopted son after she is divorced, which was forbidden in the era of Jahiliyyah. This was initiated by the Messenger of Allah (peace be upon him) so that the permissibility would be stronger and more emphasized, and the custom of Jahiliyyah would be strictly forbidden.

Allah Almighty said:

فَلَمَّا قَضٰی زَیۡدٌ مِّنۡہَا وَطَرًا زَوَّجۡنٰکَہَا لِکَیۡ لَا یَکُوۡنَ عَلَی الۡمُؤۡمِنِیۡنَ حَرَجٌ فِیۡۤ اَزۡوَاجِ اَدۡعِیَآئِہِمۡ اِذَا قَضَوۡا مِنۡہُنَّ وَطَرًا ؕ وَ کَانَ اَمۡرُ اللّٰہِ مَفۡعُوۡلًا ﴿الاحزاب /۳۷ ﴾

Translation: "So when Zayd had no longer any need for her, We married her to you so that there would not be for the believers any difficulty concerning the wives of their adopted sons when they no longer have need of them. And ever is the command of Allah accomplished."

Therefore, the Prophet of Allah (peace be upon him) married Zaynab bint Jahsh by the command of Allah after Zayd ibn Harithah had divorced her.

Clarification:

The aforementioned points show that abolishing the custom of adoption does not mean that human and Islamic rights such as brotherhood, affection, love, maintaining ties of kinship, and kindness have been abolished:

A– It is permissible for a person to call someone younger than him “my son” out of affection and to make him feel a sense of intimacy and love, so that he may listen to his advice or so that he may fulfill a need for him. Similarly, it is permissible for a person to call someone older than him “my father” out of respect and reverence, so that he may gain his obedience, advice, and support, and so that an atmosphere of respect and reverence may be established in society, and relationships in human society may be strengthened, and all individuals may feel a sense of true brotherhood, humanity, and religiosity.

B– The Sharia has encouraged mutual cooperation on the basis of righteousness and piety, and has invited all people to love and kindness.

Allah Almighty says:

"And cooperate in righteousness and piety, but do not cooperate in sin and aggression."

And the Prophet (peace be upon him) said:

“The believers in their mutual kindness, compassion and sympathy are just like one body.”

“When one of the limbs suffers, the whole body responds to it with wakefulness and fever.”

It is narrated by Imam Ahmad and Muslim.

Book of Adab (Manners), Sahih al-Bukhari: Hadith No. 6011,

Book of Birr, Silah, and Adab (Righteousness, Maintaining Ties, and Manners), Sahih Muslim: Hadith No. 2586,

Musnad Ahmad 4/270.

And he said:

"A believer to another believer is like a building whose different parts support each other."

It is narrated by Imam Bukhari, Imam Muslim, Imam Tirmidhi, and Nasai.

Sahih al-Bukhari, Book of Al-Mazalim wal-Ghasb (Oppressions and Usurpation): Hadith No. 2446,

Sahih Muslim, Book of Al-Birr was-Silah wal-Adab (Righteousness, Good Relations, and Etiquette) 2585,

Tirmidhi, Book of Al-Birr was-Silah (Righteousness and Good Relations): Hadith No. 1928,

Nasai, Book of Zakah (Charity): Hadith No. 2560.

Among these objectives is also the care and upbringing of orphans, the needy, and those who are unable to earn a livelihood or are without guardians, and to treat them with kindness, so that there are no destitute and impoverished individuals in the society, and the nation does not have to bear the consequences of a child’s poor upbringing, or that rebellion does not arise within him due to feeling the harshness or neglect of society. It is obligatory for Islamic governments to establish training centers for the disabled, orphans, and abandoned or parentless children. If the needs of these individuals cannot be met from the public treasury (Bait-ul-Mal), then assistance should be sought from the well-off members of the community.

The Prophet of Allah (peace be upon him) said:

“If any believer leaves behind some property, his nearest relatives will be his heirs. And if a believer dies leaving behind debt or young children, they will come under my care, I am their guardian.”

Sahih al-Bukhari, Tafsir al-Qur’an (4781),

Sahih Muslim, Al-Fara’id (1619),

Sunan al-Tirmidhi, Al-Jana’iz (1070),

Sunan an-Nasa’i, Al-Jana’iz (1963),

Sunan Abu Dawood, Al-Kharaj wal-Imarah wal-Fai’ (2955),

Sunan Ibn Majah, Al-Ahkam (2415),

Musnad Ahmad ibn Hanbal (2/453),

Sunan al-Darimi, Al-Buyu’ (2594).

Note: This is narrated by Imam Bukhari. This fatwa is signed upon.

A Child Whose Parentage is Unknown:

Adopting a child who was abandoned somewhere after birth, and similarly if we want to adopt a child whom we have adopted and we are unaware of his parentage, it is not permissible for us to adopt this abandoned child and the aforementioned child. Nor is it permissible to adopt children who are not ours according to Sharia, because this is forbidden in Islam. This practice was common in the early days of Islam and in the era of Jahiliyyah, but after the command came, it is also forbidden to find ways around it. Similarly, it has been deemed impermissible for a person to attribute himself to another person, family, or tribe without basis, or to knowingly give his lineage to a child. The proof for this is the hadith of Abu Dharr (may Allah be pleased with him) that he heard the Prophet (peace be upon him) say:

“He who knowingly attributes his fatherhood to someone other than his real father is a Kafir (disbeliever). And he who claims to belong to a people to whom he does not belong, let him take his place in Hell.”

This hadith is agreed upon by Bukhari and Muslim.

Book of Manaqib (Virtues), Sahih al-Bukhari: Hadith No. 3508,

Book of Iman (Faith), Sahih Muslim: Hadith No. 61,

Musnad Ahmad 5/166.

And in another narration:

“Verily, the greatest of slanders is for a person to be attributed to someone other than his father.”

Book of Manaqib (Virtues): Sahih al-Bukhari: Hadith No. 3509,

Musnad Ahmad 3/490.

As for the parentage being unknown, in that case, he should be attributed to his master (Mawla), and if this is not possible, he should be considered a brother in faith, meaning he should be called, “O my brother,” “O my sister,” as Allah Almighty says:

اُدۡعُوۡہُمۡ لِاٰبَآئِہِمۡ ہُوَ اَقۡسَطُ عِنۡدَ اللّٰہِ ۚ فَاِنۡ لَّمۡ تَعۡلَمُوۡۤا اٰبَآءَہُمۡ فَاِخۡوَانُکُمۡ فِی الدِّیۡنِ وَ مَوَالِیۡکُمۡ ؕ وَ لَیۡسَ عَلَیۡکُمۡ جُنَاحٌ فِیۡمَاۤ اَخۡطَاۡتُمۡ بِہٖ ۙ وَ لٰکِنۡ مَّا تَعَمَّدَتۡ قُلُوۡبُکُمۡ ؕ وَ کَانَ اللّٰہُ غَفُوۡرًا رَّحِیۡمًا ﴿الاحزاب /۵ ﴾

Translation: "Call them by [the names of] their fathers; it is more just in the sight of Allah. And if you do not know their fathers - then they are your brothers in faith and your friends. 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."

And similarly, it is not correct for the husband to become the guardian (Wali) for the marriage of these children on behalf of the wife. If the girl’s guardian, executor (Wasi), and any close relative are not present, then the right of guardianship will belong to the Imam or the deputy of the Imam, such as the Qadi (judge).

وَبِاللّٰہِ التَّوْفِیْقُ

وَصَلَّی اللّٰہُ عَلٰی نَبِیَّنَا مُحَمَّدٍ وَآلِہ وَصَحْبِہ وَسَلَّمَ

وعلى آله وأصحابه وأتباعه بإحسان إلى يوم الدين۔

ھٰذٙا مٙا عِنْدِی وٙاللہُ تٙعٙالیٰ اٙعْلٙمْ بِالصّٙوٙاب

The Permanent Committee for Scholarly Research and Ifta