How Do We Correctly Manage an Adopted Child With Non-Mahram Boundaries?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
My wife and I, Sunni Hanafi, in our forties, are researching kafala. The child will soon reach the age of discernment. If we take an opposite-gender child through kafala, how should we manage non-mahram boundaries under Hanafi law? What are our duties and precautions as guardians, given that we’re not the child’s mahram?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I hope you are well. Thank you for your important question. First, I would like to congratulate you on your intention to take on this challenging but hugely rewarding responsibility.
An adopted child does not become an unmarriageable kin (mahram) of the caregiving family, so the rules of hijab and non-mahram interaction apply once the child reaches puberty — though it is best to establish these habits well before that stage.
Mahram Rules in the Household
If you take on a child who has passed the breastfeeding age, you will have to cover except for the face and hands, and avoid seclusion and physical contact.
As the child approaches the age of discernment, the rules regarding mahram and non-mahram will apply at relevant stages, especially after puberty.
If it’s a boy, the wife is not the mahram. If it’s a girl, the husband is not the mahram. For example, this includes appropriate dress in front of a non-mahram child after puberty, avoiding physical contact and seclusion, and maintaining modest interaction. It would be better to establish these habits well before puberty and explain to the child their importance.
Allah Most High says, “Call them by (the names of) their fathers: that is more just in the sight of Allah.” [Quran, 33:4-5]
Sahl bin Sa‘d (Allah be pleased with him) reported that the Messenger of Allah (Allah bless him and give him peace) said, “I will be like this in Paradise with the person who takes care of an orphan.” The Messenger of Allah (Allah bless him and give him peace) raised his forefinger and middle finger by way of illustration. [Bukhari]
Fiqh of Adopting a Child
The child is not deemed a relative, nor are the new caretakers, nor any of their relatives, deemed unmarriageable kin (mahram, pl. maharim) of the child. Hence, he or she may marry any of them, and the family must abide by the proper rules and etiquette of hijab with the child upon his/her reaching puberty (and vice versa if the child is a girl).
The child does not inherit from the caretakers or any of their relatives. The child can, however, be designated as the recipient of a bequest (wasiyya) by any of them, provided the bequest does not exceed 1/3 of the deceased’s estate. If the bequest exceeds 1/3 of the estate, the amount over 1/3 will not be given unless the rightful inheritors who are sane and adult give their consent, which is considered only after the deceased’s death. [Maydani, Lubab fi Sharh al-Kitab; Ibn Abidin, Radd al-Muhtar; Qadri Basha, Sharh Ahkam Shar’iyya fi Ahwal Shakhsiyya]
The Purpose of Religion
Adoption reflects religion’s purpose. Both the Quran and the Prophet (Allah bless him and give him peace) teach that the best servants of Allah are those who are most beneficial to others. The best people are those who benefit others most.
These rulings do not prevent the family from living together; rather, the household should be arranged modestly. If, at times, the maternal bond overcomes you and you forget or slip in your interactions with your adopted child, do your best to stay within the limits, assured that Allah Most High is most Knowing and ever Compassionate.
We pray, hope, and wish you both every happiness, and that your bond is strengthened with the child for the sake of Allah Most High.
And Allah knows best.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Related
- The Fiqh of Adoption -The core principle in adoption fiqh is that the adopted child isn’t considered a relative of the caregivers; he’s just under their care.
- Urgency and Virtues of Adoption: How to Adopt -It’s not only for small children; it applies to anyone in need. What if someone hits puberty but still needs a family? Can you care for them?
- Urgency and Virtues of Adoption: The Permissible Adoption -The underlying imperative to adopt, socially, should concern a believer. There are children in need of families who will care for their well-being and raise and nurture them. That is the governing criterion.
Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Currently, he resides in the UK with his wife and is interested in reading and gardening.
