Adoption in Islam (Dr. Razi ul Islam Nadwi)

Question from a sister to Dr. Razi ul Islam Nadwi:
I have been married for twenty (20) years. I have no children. I have started feeling very depressed. Everyone taunts me. My sister is secretly willing to give me her daughter. My husband is also willing. I want to raise the girl as my own child, without her finding out. Does Sharia allow me to do this? The girl’s parents agree, and so do both of us. We won’t tell anyone else besides the four of us, so that the child doesn’t face any psychological issues. Is there any provision for this in light of Sharia?

Answer:
Children are a blessing from Allah. They bring joy and liveliness to worldly life (as per Surah Al-Kahf: 46). Every human being naturally desires to have children whose playful laughter resonates in the house, and later, to have grandchildren so that a complete family structure comes into existence.

Every person in this world is in a state of trial, whether they have children or not. Those who are blessed with children are tested to see if they express gratitude and provide proper upbringing, while those who are deprived of children are tested to see if they exercise patience and remain content with the divine decree. This divine rule is mentioned in the Quran as:

"To Allah ˹alone˺ belongs the kingdom of the heavens and the earth. He creates whatever He wills. He blesses whoever He wills with daughters, and blesses whoever He wills with sons, or grants both, sons and daughters, ˹to whoever He wills˺, and leaves whoever He wills infertile. He is indeed All-Knowing, Most Capable." (Surah Ash-Shura: 49-50)

Therefore, if a couple remains childless for many years, both husband and wife should undergo necessary tests. Sometimes, minor obstacles in conceiving can be resolved with simple treatments. However, if all possible treatments have been tried and there is still no child, one should not display despair or impatience.

If a woman is deprived of children, she can take another’s child or daughter and raise them, but it is necessary that:

1. The child’s lineage is not changed: The child’s documents and school records should bear the names of the real parents.
2. Declare oneself as a guardian: The adoptive parents should write their names as guardians in official documents and not as parents.

The Quran clearly states this rule. Allah’s command is:

"...Nor does He (Allah SWT) regard your adopted children as your real children. These are only your baseless assertions. But Allah declares the truth, and He ˹alone˺ guides to the ˹Right˺ Way. Let your adopted children keep their family names. That is more just in the sight of Allah. But if you do not know their fathers, then they are ˹simply˺ your fellow believers and close associates. There is no blame on you for what you do by mistake, but ˹only˺ for what you do intentionally. And Allah is All-Forgiving, Most Merciful." (Surah Al-Ahzab: 4-5)

Hazrat Zayd (RA) was raised by the Messenger of Allah (PBUH) during his childhood, and thus he was called “Zayd bin Muhammad (PBUH).” But later, the prohibition of this practice was revealed, and he was referred to by his real father’s name as “Zayd bin Harithah (RA).”

This ruling of Shariah has deep wisdom and impacts other rulings such as marriage and inheritance. Therefore, one should follow it sincerely.

The risk of a psychological issue will remain. Who the child’s real parents are and who adopted them are facts that usually don’t remain hidden within family and society. There is always a risk that the girl might find out the truth someday and then become upset with both her biological parents and guardians.

Thus, prudence demands adherence to Shariah rules in adoption matters. If a couple is childless, they are permitted to take another’s child and raise them, but they should maintain the child’s lineage and identify themselves only as guardians.