The Virtue of Sponsoring Orphans In Islam
Allah says in The Quran:
They ask you (O Muhammad [Sallallahu ‘Alaihi Wa Sallam]) concerning alcoholic drinks and gambling. Say: “In them is a great sin, and (some) benefit for men, but the sin of them is greater than their benefit.” And they ask you what they ought to spend. Say: “That which is beyond your needs (surplus wealth).” Thus Allah makes clear to you His Laws in order that you may give thought.” In (to) this worldly life and in the Hereafter. And they ask you concerning orphans. Say: “The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers. And Allâh knows him who means mischief (e.g. to swallow their property) from him who means good (e.g. to save their property). And if Allah had wished, He could have put you into difficulties. Truly, Allah is All-Mighty, All-Wise.”[1]
Abu Huraira reported that Allah’s Messenger (Sallallahu ‘Alaihi Wa Sallam) said: The one who looks after the orphan whether he is his relative or not, I and he would be together in Paradise like this, and (Imam) Malik (explained it) with the gesture by drawing his index finger and middle finger close together.[2]
Abu Hurairah narrated that the Messenger of Allah (Sallallahu ‘Alaihi Wa Sallam) said: “O Allah, bear witness that I have issued a warning concerning (the failure to fulfill) the rights of the two weak ones: Orphans and women.'”[3]
The Prophetic Guidance of Adopting a Child[4]
In the name of Allah, The Most Compassionate, The Most Merciful,
Adopting someone else’s child, bringing it up, seeing to its education and training and being kind and good towards him/her is very virtuous and a commendable act. If the child is an orphan and has no support, then the reward is much more.
In a Hadith recorded by Imam al-Bukhari in his Sahih, the Messenger of Allah (Sallallahu ‘Alaihi Wa Sallam) said: “I and the guardian of the orphan will be in Paradise like this” and the Prophet joined his index finger with his middle finger. (Sahih al-Bukhari)
Meaning that the one who looks after the orphan will be very close to the Prophet (Sallallahu ‘Alaihi Wa Sallam) in Paradise.
This is an extremely neglected Sunnah of our beloved Prophet (Sallallahu ‘Alaihi Wa Sallam), and we should definitely encourage ourselves and others towards this direction.
However, it should always be kept in mind that according to Shariah, the lineage of the adopted child does not become established with the adoptive parents. Adoption of a child has no legal effect in Shariah. The child should not be attributed except to the natural parents, and not to those who have adopted him/her.
This is a fundamental principle and ruling laid down by the Holy Qur’an. The people in the days of ignorance (Jahiliyyah, pre-Islamic period) used to treat an adopted child as the real one in all aspects.
The Qur’an condemned this practice with the following verse: “And He (Allah) did not make your adopted sons your sons. That is only your speech by your mouths. And Allah guides you to the right path. Call them by (the names of) their (real) fathers. It is more just in the sight of Allah.” (Qur’an, Surah Al-Ahzab:4,5)
The Messenger of Allah (Sallallahu ‘Alaihi Wa Sallam) adopted the companion Zaid ibn Haritha, thus the other companions initially referred to him as “Zaid ibn Muhammad”. When the abovementioned verse of the Qur’an was revealed, they reverted to calling him “Zaid ibn Haritha”.
In view of this important principle of Shariah, the following points need to be taken in to consideration:
1) Legal adoption is not permissible. This means that one cannot change the lineage of an adopted child and substitute the names of his real parents with adoptive parents. The child should always be attributed to the real parents so that it becomes common knowledge amongst the people who the real parents are.
2) If the adoptive mother breastfeeds the adopted child, then it becomes their foster child. In this case the child will be similar to the real children with regards to the Nikah (marriage) and Hijab rules, i.e. the child can not marry the foster parent, neither any of the foster parent’s children. However with regards to inheritance, the child will not inherit from the family.[5]
3) If the adoptive mother does not breastfeed the adopted child, then the relationship of fosterage will not be established and the child will be classed as other children with regards to Nikah and Hijab. An adopted child can marry its adoptive parents and their children. Also if a male child is adopted by a woman, she will have to observe Hijab from him after he reaches the age of puberty and visa versa. The adopted child will also (after puberty) observe Hijab with the adoptive parent’s children.
4) An adopted child will not inherit from his adoptive parents and to regard an adopted child as a real child in the matter of inheritance is incorrect. However, it should be remembered that although the child cannot inherit from the adoptive parents, it is permissible, rather advisable to make a bequest in its favour in ones life time. This “will” for the child can be made up to one third of one’s wealth, provided the child is not already included in the list of inheritors.
5) It is necessary to allow the adopted child to meet its real parents. Preventing him/her from meeting them and creating any obstacles will be considered as oppression.
6) Good behaviour and conduct should be displayed towards the adopted children, especially if they are orphans. If a person cannot look after the adopted child in a proper manner, then he should not adopt, otherwise he will earn punishment rather than reward.
7) The wealth of the adopted child, who has not yet reached puberty, should be kept safe. If there is a need to spend the money on the child, then one can utilize the child’s money upon him. However it should be spent with extreme care and there should be no extravagance. Loans cannot be taken from the child’s money, nor can it be given in charity. End quote.[6]
[1] Quran 2:219-220.
[2] Sahih Muslim 2983, Sahih Al-Bukhari 5304.
[3] Sunan Ibn Majah 3678 (Sahih (Al-Albani)).
[4] This article was extracted from the answer to the question, ‘What is the Fiqh of adopting a child?’ from Daruliftaa.com (based on the Hanafi Madhhab). [Source for the full answer: islamqa.org/hanafi/daruliftaa/7643/the-fiqh-of-adopting-a-child/]
[5] Shaikh Muhammad Saalih Al-Munajjid: Whoever is breastfed by a woman five times, before the age of two years, becomes her child through breastfeeding and she becomes his (foster) mother. Her husband (the “owner of the milk”) becomes a (foster) father to him through breastfeeding, and everyone who was also breastfed by this woman becomes his (foster) brother or (foster) sister through breastfeeding, and so on.
That is because of the report narrated by Muslim (1425) from ‘Aishah who said: “When the Qur’an was first revealed, the number of breast-feedings that would make a child a relative (Mahram) was ten, then this was abrogated and replaced with the number of five which is well-known.” End quote. (islamqa.info|27280)
[6] Answer to a question posed to Mufti Muhammad ibn Adam, Darul-Iftaa, Leicester , UK.
Saheehus-Seerah 