Jamiatul Ulama KZN

Custody for Adopted Children

· 24 Muharram 1438 AH1 min readEnglish

Question

Q. asalaam-alaikum wa rahmatullahi wa barakatuhu, My husband and I adopted two male children a few years ago from the orphanage. I breast fed them before they reached two years of age to establish mahram relationship with them. My husband and I are now divorcing due to many issues. Could you please tell me if the islamic custodian rulings for adopted children are the same a biological children? I’ve been told that the children will be with me until the age of 7 (unless i remarry, in which case I will lose them) and after that they will need to go to my husband and I will only have visitation privileges with them. Is this valid in the case of adopted children as well? please advise. jazakallah hu khairan.

Answer

The general rights and laws of custody (Haqq-ul-Hadhaanah) do not apply to adopted or fostered children. There are no fixed principles governing the rights of custody of adopted children in the case of divorce between spouses. Therefore, the couple should discuss the matter and reach a mutual agreement which will be in the best interests of the children. (Shaami 3/556)

And Allah Ta’ala Knows Best

Answered by
Mufti Ismaeel Bassa
Checked by
Mufti Ebrahim Desai
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/custody-for-adopted-children/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-21338

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