Islamic Rules

Can Adopted Child In Islam Inherit? – A Brief Explanation

Adopted children sometimes become more precious for parents. They raised the adopted children with love and always care for them. In Islam, having adopted children is permitted but how about the inheritance?

When the parents come to an age, In the Islamic law their prosperity belongs to their biological children. Make Duas for wealth just like mentions the Quran surah Al Anfal verse 75.

وَالَّذِيْنَ اٰمَنُوْا مِنْۢ بَعْدُ وَهَاجَرُوْا وَجَاهَدُوْا مَعَكُمْ فَاُولٰۤىِٕكَ مِنْكُمْۗ وَاُولُوا الْاَرْحَامِ بَعْضُهُمْ اَوْلٰى بِبَعْضٍ فِيْ كِتٰبِ اللّٰهِ ۗاِنَّ اللّٰهَ بِكُلِّ شَيْءٍ عَلِيْمٌ ࣖ – ٧٥

“And those who believe after that, then emigrate and fight with you then they belong to your group. Some people who have relatives are more entitled to each other (than non-relatives) according to the Book of God. Truly, Allah is All-Knowing everything.” (QS: 8:75)

So, how Islam sees the adopted children? Is it permissible for them to get their wealth as a part of parents’ inheritance as the importance of inheritance in Islam? Referring to the verse above, it is only relatives can be an inheritance.

Some scholars say that it is permissible to give your wealth to your adopted children. But, you have given them not more than 1/3 of your wealth. Let’s see another verse from another surah on the Quran to prove it so you may get the most rewarding deeds in Islam.

1. The Quran Surah AL Baqarah verse 180

Allah mentions in this verse that every human should make a Wasiyat before they die. It is important so that there will be no conflict about your prosperity. Make a good share based on the Islamic law to your family member, includes your adoption children,  and relatives.

كُتِبَ عَلَيْكُمْ اِذَا حَضَرَ اَحَدَكُمُ الْمَوْتُ اِنْ تَرَكَ خَيْرًا ۖ ۨالْوَصِيَّةُ لِلْوَالِدَيْنِ وَالْاَقْرَبِيْنَ بِالْمَعْرُوْفِۚ حَقًّا عَلَى الْمُتَّقِيْنَ ۗ – ١٨٠

“It is obliged upon you, if death is about to pick up someone among you, if he leaves the property, wills to both parents and close relatives in a good way, (as) an obligation for the righteous.” (QS 2:180)

2. The Quran Surah An Nisa verse 8

It mentions that you can share your wealth with your relatives, the orphan, and the poor. Some scholars say that orphans and the poor includes the adoption of children. So, it is permissible to give your wealth to your adoption children as your inheritance and the ways to give charity in Islam.

وَاِذَا حَضَرَ الْقِسْمَةَ اُولُوا الْقُرْبٰى وَالْيَتٰمٰى وَالْمَسٰكِيْنُ فَارْزُقُوْهُمْ مِّنْهُ وَقُوْلُوْا لَهُمْ قَوْلًا مَّعْرُوْفًا – ٨

“And if during the distribution there are some relatives, orphans and poor people, then give them from the treasure (modest) and say to them good words.” (QS 4:8)

3. The Quran Surah An Nisa verse 7

Even though it is permissible for your adoption children can inherit your wealth, it has to be settled if all of your family members agree with your decision.

If you are afraid that the distribution doesn’t fair, there is no sin for you to ask the professional who capable of it.  It is better to do that in the Islamic way.

لِلرِّجَالِ نَصِيْبٌ مِّمَّا تَرَكَ الْوَالِدٰنِ وَالْاَقْرَبُوْنَۖ وَلِلنِّسَاۤءِ نَصِيْبٌ مِّمَّا تَرَكَ الْوَالِدٰنِ وَالْاَقْرَبُوْنَ مِمَّا قَلَّ مِنْهُ اَوْ كَثُرَ ۗ نَصِيْبًا مَّفْرُوْضًا – ٧

“For men there is a share of the inheritance of the parents and their relatives, and for women there is a share of the inheritance of both parents and relatives, either a little or a lot according to the predetermined part.” (QS 4:7)

4. The Quran Surah Al Ahzab Verse 4

Even though your adoption children feels like your biological child, it doesn’t mean like that. So, when making a Wasiyat you should follow the rules based on the Islamic way about heirs.

First thing first, if you want to share your wealth with your adoption children, remember that it must be settled by your family members’ approval.

مَا جَعَلَ اللّٰهُ لِرَجُلٍ مِّنْ قَلْبَيْنِ فِيْ جَوْفِهٖ ۚوَمَا جَعَلَ اَزْوَاجَكُمُ الّٰـِٕۤيْ تُظٰهِرُوْنَ مِنْهُنَّ اُمَّهٰتِكُمْ ۚوَمَا جَعَلَ اَدْعِيَاۤءَكُمْ اَبْنَاۤءَكُمْۗ ذٰلِكُمْ قَوْلُكُمْ بِاَفْوَاهِكُمْ ۗوَاللّٰهُ يَقُوْلُ الْحَقَّ وَهُوَ يَهْدِى السَّبِيْلَ – ٤

“God does not make a person two hearts in their sockets; and He did not make your wives that you zihar as your mother, and He did not make your adopted child as your biological child (yourself). These are just words in your mouth. Allah tells the truth and He shows the (right) path.” (QS 33:4)

5. The Quran Surah Al Ahzab Verse 5

Keep in mind, that your adoption children are different with your biological children. You can claim them as your children, but not as biological children. So, when you make a Wasiyat to them, you must write their name with their biological father, not your family name.

اُدْعُوْهُمْ لِاٰبَاۤىِٕهِمْ هُوَ اَقْسَطُ عِنْدَ اللّٰهِ ۚ فَاِنْ لَّمْ تَعْلَمُوْٓا اٰبَاۤءَهُمْ فَاِخْوَانُكُمْ فِى الدِّيْنِ وَمَوَالِيْكُمْ ۗوَلَيْسَ عَلَيْكُمْ جُنَاحٌ فِيْمَآ اَخْطَأْتُمْ بِهٖ وَلٰكِنْ مَّا تَعَمَّدَتْ قُلُوْبُكُمْ ۗوَكَانَ اللّٰهُ غَفُوْرًا رَّحِيْمًا – ٥

“Call them (adopted children) by (using) the names of their fathers; that is just in the sight of Allah, and if you do not know their father, then (call them your) brothers and sisters in your religion and maul. And there is no sin against you if you err on that, but (what sin there is) what your heart wills. Allah is Forgiving, Most Merciful.” (QS 33:5)

In case you have an adopting child, remember that every wealth you give to them can be means so much to them. So, be wise when you make your adoption children become your inheritance. May Allah give His blessing to your family as mentions in the values of the Quran surah Al Waqiah.

Khajar Susanti

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