Category: Marriage (Nikah)
Fatwa#: 39349
Asked Country: Pakistan

Answered Date: Nov 14,2017

Title: Can I marry my adopted daughter?

Question

Does Islam allows marraige with adopted daughter?

Naveed adopted a four year old orphan girl Kalsoom and raised her as his daughter in his own house until she reached the age of puberty. They were calling and treating each other father and daughter in these years. Now Naveed and Kalsoom want to marry with each. Does Islam permits such marriage?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In the time of Jaahiliyya (pre-Islamic era), one could not marry ones adopted child or the spouse of ones adopted child. Almighty Allah corrected this customary practice and even permitted Rasulullah Sallallahu Alayhi Wasallam to marry the wife of Zaid Radhiyallahu Anhu (Zainab Radhiyallahu anha) who was the adopted son of Rasulullah Sallallahu Alayhi Wasallam.

Allah Ta’la says in the Quran:

وَمَا جَعَلَ أَدْعِيَاءكُمْ أَبْنَاءكُمْ ذَلِكُمْ قَوْلُكُم بِأَفْوَاهِكُمْ وَاللَّهُ يَقُولُ الْحَقَّ وَهُوَ يَهْدِي السَّبِيلَ (4) ادْعُوهُمْ لآبَائِهِمْ هُوَ أَقْسَطُ عِندَ اللَّهِ فَإِن لَّمْ تَعْلَمُوا آبَاءهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ[i] 

Translation: Allah has not made your adopted sons your own sons. This (referring to them as your own sons and giving them your name) is merely a statement from your lips (which does not change the fact that they have different fathers). Allah speaks the truth and only he guides you to the straight path. Call them (your adopted children) by (the names of) their fathers. This is more just in the sight of your Rabb. If you do not know their fathers, then they are your brothers in religion and your friends.

 

Kalsoom is the adopted daughter of Naveed. She is not like a real daughter in terms of Hijab and Nikah. There is no cause of prohibition of marriage between Naveed & Kalsoom. [ii] However, in view of the ignorance of the people and the sensitivity surrounding marrying ones adopted daughter, one should be conscious of the implications of such a marriage.

And Allah Ta’āla Knows Best

Aboobakr Siddeeq bin Mufti Amjad Mohammad

Student Darul Iftaa

Azaadville, JHB, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.



[i]

سورة الأحزاب (33): آية 4

 

[ii]

فتاویٰ رحیمیہ – (69-70 / 8)

كتاب الفتاوى – (164 / 5)

کسی لڑکی کی پرورش کرنے سے وہ محرم نہیں ہوجاتی، غیر محرم باقی رہتی ہے

جامع الفتاویٰ – (47 / 10)

شریعت میں لے پالک بنانےکی کوئی حیثیّت نہیں، وہ لڑکی اسکے لئے نامحرم ہے اور اس سے عقد بھی جائز ہے 

فتاویٰ مفتی محمود – (194 / 11)

لے پلک لڑکا بلکل غیر ہوتا ہے بیٹا بنانے سے سچ مچ بیٹا نہیں بنجاتا ہے

فتاویٰ عثمانی – (484 / 2)

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