ۡQuestion : I want to marry a divorcee, she also has a 5-year-old daughter, she got divorced by court when her daughter was 3 years old. Her husband left her at her parent\\\’s house when she was 4 months pregnant, and till today her ex-husband has never even met her daughter, so I want to adopt her daughter also. So we have decided that the documents of this girl should be made with my name, this will be only for the documentation purpose only. Because everyone from both sides already knows she is not my daughter, is this possible? Or what is the way to adopt it? Because her father does not want to involve any documentation including birth certificate, B form, identity card or passport in future nor will he help.
(Mansoor Ahmed Cheema)
Answer:
While adopting a child is allowed in Islam, but the one adopting can’t use their name as real father neither in everyday calling nor in the documents. They can use their name as a guardian instead. If he uses his name as a father even though he is not the biological father, then he will be sinful. It is a clear Hukm or command in the Quran to associate the adopted children with their original parents.
ادْعُوهُمْ لِآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللَّهِ فَإِنْ لَمْ تَعْلَمُوا اٰبَاءَهُمْاا فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ وَلَكِنْ مَا تَعَمَّدَتْ قُلُوبُكُمْ وَكَانَ اللَّهُ غَفُورًا رَحِيمًا } [الأحزاب: 4، 5]
Call them with their fathers’ names – this is more suitable in the sight of Allah; and if you do not know their fathers, then they are your brothers in the faith[33:5]
The girl, when she would reach the age of Shar’aee hijaab/or veil, will be required to practice hijab from the male who adopted her.
واللہ تعالیٰ ورسولہ الکریم ﷺ اعلم بالصواب
Written by: Mufti Syed Siraj Ul Arifeen Shah
St. Ives (Cambridgeshire, UK)
03/07/2024 02:15, 24 Zil’ Hijja, 1445 Hijri
