Assalamualaikum. Ustadz, I want to ask a question.
My husband adopted a child from his biological sister. Can the child be classified as my husband's biological child? And, can my husband be the daughter's marriage guardian, even though her biological father is still around?
ANSWER:
Peace be upon you and God's mercy and blessings be upon you
WL…
It is understandable that a child is associated with his parents if he is born from a legal marriage. However, if a child is born outside of a legal marriage, such as the result of adultery, for example, then that child cannot be attributed to his parents, especially his father. If a child is born as a result of adultery, then he is associated with a place (bed) made for adultery that produces results.
Likewise with an adopted child or adopted child, he cannot be attributed to his adoptive parents. He still has to be attributed to his original parents, even if the person who adopts him is an uncle or family member who is close to the child.
Allah Subhanãhu waTa'ala says:
Amen Amen Amen وَ أَقْسَطُ عِنْدَ اللَّهِ فَإِنْ لَمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَال ِيكُمْ وَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيمَا أَخْطَأْتُمْ بِهِ وَلَكِنْ مَا تَعَمَّدَتْ قُلُوبُكُمْ وَكَانَ اللَّهُ غَفُورًا رَحِيمًا (4)
“Allah has never made for a person two children in his womb, and He has not made your wives whom you worship as your mother, and He has not made your adopted children as your (own) biological children. That is only what you say in your mouth. And Allah tells the truth and He shows the (right) way. Call them (adopted children) by (using) the names of their fathers; that is more just in the sight of Allah, and if you do not know their fathers, then (call them as) your brothers in religion and your masters. And there is no sin on you for what you mistake in it, but (in which there is sin) what your heart intends. And Allah is Most Forgiving, Most Merciful." {QS Al-Ahzab: 4-5}
The verse above explains the story of Zaid ibn Haritsah radliyallãhu 'anhu, maula (freed slave) by the Prophet shallallãhu 'alaihi wasallam. Formerly the Prophet raised him as a child before he became a prophet, and formerly he was known as 'Zaid son of Muhammad'. So Allah wills to abolish this affiliation through His words:
وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ
"And He (Allah) did not make your adopted children your biological children." {QS Al-Ahzab: 4}
In line with the next verse:
ادْعُوهُمْ لآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللَّهِ
“Call them (adopted children) by (using) the names of their fathers; that is more just in the sight of Allah.” {QS Al-Ahzab: 5}
If there is an uncle who adopts a child from his brother, meaning this child is the nephew of the person who adopted him, then the child is still associated with his father. If the child is a girl and is about to get married, then her father is the legal guardian if she is still alive and may not be guardiand by her uncle or adoptive parents.
Hope it works!
Peace, mercy and blessings of God
(Answered by Ustadz Very Setiyawan, Lc., S.Pd.I., MH)
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