Darulifta Ahlesunnat
(Dawateislami)
Question
بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ
الْحَقِّ وَالصَّوَابِ
In our society, when a person puts his son up for adoption by someone
dear, it is considered that he will not take him back, that child will always
be with the one who has adopted him, and the responsibility for his complete
education and development will be assumed by him as well. It is as if after
putting the child up for adoption, it is norm that there is a commitment not to
take it back; and اَلْمَعْرُوف کَالْمَشْروْط meaning,
anything proved by the norm is like it is made a condition. Hence, in the
aforementioned case, Zayd must abide by the commitment and should not take
children back, unless there is no harm in their education and development. In
case their education and development is not being done
correctly, he should take the children back. This will not be regarded as a
breach of commitment, provided that he had the mindset of not taking them back
at the time of giving them.
Keep in mind that it is permissible to put your child up for adoption.
However, putting up for adoption is not such a contract by which the child gets
no connection with the real father, the one who adopted becomes his, or he
becomes his real son
so that it is said that the real father cannot take him back.
However, it is just that the father gave his right of upbringing to someone
else and this right can be taken back after giving to someone. As an example of
this, the blessed Jurists have stated that the woman who has the right to
upbringing, if she waives her right and gives it to some other woman, and then
she wants to take her children back and she is also capable of upbringing them,
she can take them back. In case there is a fear for the breach of an Islamic
ruling due to giving the child to the one who brings him up, then the child
must be taken back.
When Imam e Ahl e sunnat,Imam
Ahmad Razā Khān رَحِمَهُ
اللهُ was
asked a similar question, which mentioned an adopted girl, who was about to
become an adult or had become an adult, and the one who adopted her was a Non
Mahram (stranger); since her father wanted to take her back, Imam e Ahle sunnat said in reply with
emphasis: ‘Now she is an adult or about to reach adulthood, she should live
with her father until she is married. Even after the age of nine (according to
the Islamic - Lunar - calendar),the girl will leave
her real mother and will live with her father, not with a stranger, living with
whom is not permissible in any case. A daughter never becomes a real daughter
by being adopted. Whatever he spent, he did so after making her his child, not
as a loan; hence, he is not even deserving of the amount being returned. (Fatawa Razawiyyah,
vol. 13, p. 413)
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ
وَسَلَّم
Answered
by : Mufti Muhammad Hashim Khan Attari