Attributing a child to other than its father to remove it from unsafe country

7-11-2014 | IslamWeb

Question:

Dear Sheikh, I hope this message reaches you in good health and Imaan. Six years ago I have received a call from one of hospitals in Somalia, saying that a pregnant mother has been admitted into the hospital.She wants to kill her baby because the child was out of Islamic marriage. Soon I Have received that message I have decided to take care of that innocent baby regardless of gender and health condition of the baby. A healthy baby girl was born, immediately the mother has disappeared from the hospital and therefore we do not know details of the baby's father. Since then the baby is living with us (My husband and me). We are living in hostile area both morally and physically. Morally, because children like her are stigmatized and physically, because it is war area. We are planning to take the child out of this hostile country and for that she needs travel documents. In Islamic law, is it possible to give the child one of our names for documentations and registration purposes only? We understand that the child should know that we are not her biological parents. We are aware the child remains the child of its biological parents and hence will not inherit from us. Jazaaka Laahu Kheyran for your answer

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

If the matter is just to obtain the official documents that you need in order to get out of that unsafe country, and this does not lead to any consequences of the prohibitions of adoption, like the mixing of lineages, the loss of rights and so on, and you fear a real or predominant harm by leaving the child in that country, then there is nothing wrong with obtaining these documents for travel, and then after travel, rectifying the situation of the child.

For more benefit, please refer to Fatwa 84422.

Allaah Knows best.