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1646716/08/1999

Ruling on giving one’s name to a foundling whom one adopts

Question: 4696

A person was not blessed with
children, so he took a foundling from the orphanage and brought him up, teaching him and
treating him well. Out of compassion and an attempt to the do right thing, he gave him his
name and registered him as his own son in official documents. What is the ruling on this?

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

According to shareeah it is not
permissible for a person who adopts a child to give him his name as if he is his own son
and a member of his tribe, as described in the question, because this involves lying,
falsehood, the mixing of lineages and a threat to peoples honour, as well as
distorting the channels of inheritance so that someone who is not entitled may receive an
unfair share whilst depriving the rightful heirs of their due, and causing chaos in the
sphere of relationships between mahram and non-mahram which affect issues of khulwah
(being alone with a member of the opposite sex) and marriage. All of this violates
sanctities and transgresses the bounds of shareeah. Hence Allaah forbade saying that
a child belongs to anyone except his father or a slave belongs to anyone except his
master. As Allaah said (interpretation of the meaning):

nor has He made your adopted sons your real sons.
That is but your saying with your mouths. But Allâh says the truth, and He guides to the
(Right) Way. Call them (adopted sons) by (the names of) their fathers, that is more just
with Allâh. But if you know not their fathers (names, call them) your brothers in
Faith and Mawâlîkum (your freed slaves). And there is no sin on you concerning that in
which you made a mistake, except in regard to what your hearts deliberately intend. And
Allâh is Ever Oft-Forgiving, Most Merciful. [al-Ahzaab 33:4-5]

The Prophet
(peace and blessings of Allaah be upon him)
said:

Whoever knowingly claims to belong to anyone other than
his father, Paradise will be denied him. (Narrated by Ahmad, al-Bukhaari and
Muslim). The Prophet
(peace and blessings of Allaah be upon him) also said: Whoever
claims to be the son of anyone other than his father, or the slave of anyone other than
his master, on him will be the curse of Allaah continually until the Day of
Resurrection.

The one who is asking this question made a mistake when he
tried to do the right thing by giving his name to the child. He cannot leave matters as
they are; he has to try to change it and put matters right, because of the texts that
state this naming is haraam, as quoted above. As for his feeling compassion for the child,
bringing him up and treating him kindly, this is a good action which is encouraged in
Islam. May Allaah bless our prophet Muhammad.

Source

Al-Lajnah al-Daa’imah Fataawa Islamiyyah, 3/12-13

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