Laws regarding Adoption of a child
Question:
assalaamualaikum,
I would like to find out about adoption in islaam. what are the rights of the adopted child with respect to:
* her wearing hijab in front of the ‘father’
* her rights to inheritance etc.
* can the real dad take her back even after she is officially adopted.
in this case the child is past the weaning age.
Answer:
Wa Alaikumus Salaam
Adoption of a child to provide shelter and care is indeed a virtuous deed which carries a great amount of rewards in the hereafter. However, as far as the legal aspects are concerned, adoption has no consequences. The child should not be attributed except to the natural father, and not to the one who has adopted him/her.
With respect to your questions, these are the answers:
1) The adopted daughter must wear hijaab (upon reaching the age of puberty) in front of the (adopted) father unless he is blood related to her.
2) The adopted daughter has no rights to inheritance. However, the adopted father/mother can make a will in favour of the adopted daughter upto one third of the property/wealth.
3) The real father can take his daughter back even after she has been officially adopted.
And Allah Knows Best
Mufti Waseem Khan