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The Law of Adopting Children from Adultery

ASKING:

Assalamualaikum, Chaplain.

I want to ask. What is the law of caring for or adopting a child from adultery?

Thank you, Ustadz.

Salam,

Fulanah

ANSWER:

Wa'alaikumussalam warahmatullahi wabarakatuh.

Bismillah ... adopting a child is a very commendable act. Moreover, if the child really needs the attention of parents who want to take care of him. Even though adopting a child from the result of adultery, the act is still included in the above category, especially if the child is not properly recognized by the original parents or does not get the love it deserves.

Adultery is one of the major sins for which the perpetrator gets a harsh punishment (hadd) in the world in the form of being beaten a hundred times for those who are not married or by stoning to death for those who are married. However, if the seed of adultery bears the fruit of a child, then that child is still pure and sinless. His parents are the ones who bear the sin of adultery.

However, for a parent who adopts a child from the result of adultery, then he cannot dedicate the child's lineage to him and cannot bequeath property to him. It's just that, the adoptive parents can give property to the child while he is still alive. Or, if there is a will of property for the child, it cannot be more than one third of the assets of the adoptive parents.

An adopted child from the result of adultery also cannot become a mahram for the father or adoptive mother. If you want to make it a mahram, then the adoptive mother can breastfeed the child if he is less than two years old. If the child is more than two years old, the child cannot become a mahram for the adoptive father if the child is a girl, and cannot become a mahram for the adoptive mother if the child is a boy.

Hope it works!

Wallâhu a'lam bish-showâb.

Regards!

Answered by: Ustadz Very Setiyawan, Lc., S.Pd.I., MH

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