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Resolutions of Iftaa' Board

Date Added : 20-10-2015

Decision/Verdict number 127/4/2009: Verdict concerning giving the adopted orphan the surname/family name of her/his sponsor

 

On 27/4/1430H (23/4/2009)

 

All thanks to Allah, Lord of the universe, and may peace be upon Prophet Muhammad,

The Iftaa Board in its session—held on 27/4/1430H (23/4/2009)—reviewed the appeal written by Mr. Amjad Muhammad Adel Abdel-Khaleq al-Kharouf in which he asked to add his family name to the name of the child he had adopted whose name was (Izzel-Deen Amjad Omar Khaled), and to add (al-Kharouf) after the word (Khaled) in the child’s name.

After studying the request and discussing it, the Board decided the following:

One aim of the Sharee’ah is the protection of family lineage which is a necessity that Islam called to protect because it is a grace of Allah on his worshippers. He says in the Qur’an [Al-Furqan 25]: “And it is He Who has created man from water, and has appointed for him kindred by blood and kindred by marriage. And your Lord is ever All-Powerful (to do what He wills)” [54].

For the sake of keeping ancestry, Islam regulates marriage and prohibits all that may lead to genealogy mix, adultery and the like. Some religious rules such as inheritance and certain forbidden marriage relations are based on genealogy issues.

Because of this, Islam prohibited adoption which means considering someone who is not genealogically related to the person as those who are. He says in the Qur’an [Al-Ahzab 33]: “Allah has not made for any man two hearts inside his body. Neither has He made your wives whom you declare (to be like your mothers) your mothers, nor has He made your adopted sons your real sons. This is but a saying of your mouths. But Allah says the truth and He guides to the right way. [4] Call them [adopted sons] by the names of their real fathers. That will be more just in the sight of Allah. And if you know not their fathers, then (they are) your brothers in faith, and your clients [freed slaves]. And there is no sin for you in the mistakes that you make unintentionally, but what your hearts deliberately intend (that will be a sin for you). Allah is ever Oft-Forgiving, Most Merciful” [5].

Building on the previous, the questioner cannot give his family name (lineage) to the adopted child. An adopted child will not be a legal son and must not claim his sponsor’s name.

Add to this that there is a difference between what is forbidden as a consequence of breast-feeding and lineage. Breast feeding leads to forbid certain marriages but it does not give the right to claim the lineage. The prophet PBUH said when the exchange of curse verse was revealed: “If a woman claimed her child to belong to a family to which this child has no blood relation, this woman has nothing to do with God, and God will not admit her into His paradise. And any man who rejects his own child while looking at her/him, God will reject him and will expose him in front of all creatures,” Narrated by Abu Dawood and Al-Bayhaqi.

So, the prophet considered claiming a lineage of certain people as a crime that is punishable on the Day of Judgment.

The Prophet also said, “The one who claims descent from someoneother than his (real) father, and the slave who attaches himself to someone other than his (real) master, are cursed by Allah, His Angels and all the people. Allah will accept neither repentance nor ransom from such a person on the Day of Resurrection.”  Agreed upon/ narrated by the two (al-Bukhari & Muslim)

We advice our brother the questioner to support this orphan and be a good sponsor for him and he will be rewarded by God for the prophet PBUH said: “I and the one who raises an orphan, will be will be like these in the Garden (Paradise)”, and he pointed with his index and middle fingers slightly parted,” Narrated by Al-Bukhari. And Allah knows the best.

Board of Iftaa’

Head of the Board of Iftaa’:

The General Mufti/his excellence Dr. Nouh Ali Salman Al-Qudhah

- The Vice Head: Dr. Ahmad Hlail     - Shaikh Dr. Abdel Kareem al-Khasawneh/ member

- Sheikh Said al-Hajjawi/ member      - Dr. Muhammad Khair al-Eisa/ member

- Judge Sari Atiyah/ member              - Dr. Abdel Rahman Ibdah/ member

- Dr. Muhammad Uqlah al-Ibraheem/ member

- Dr. Abdel Naser Abu al-Basal/ member

Executive Secretary of Iftaa’ Board Dr. Muhammad al Khalayleh

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