A Muslim couple wishing to leave their house to their adopted child

28-12-2017 | IslamWeb

Question:

Asalaamu alaykum. A muslim couple have an adopted daughter and no other children.They would like to give her their house; however, she cannot inherit Islamically. How can they ensure that she gets the house?
Answer:

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger. 

If what is meant by the adoption by the couple is just keeping the girl with them for taking care of her and nurturing her without giving her their family name, then this is permissible, but the adoption in which the child is attributed to other than their biological parents is invalid and forbidden, and it does not entail inheritance or being forbidden for marriage.

For more benefit, please refer to fatwas 84422 and 82371.

If the couple want to make the girl possess their house after their death, then they may make a will to her to this effect, and this will is valid for the entire house if it does not exceed one third of the estate. If it exceeds one third of the estate, then the will is not effective in more than one third unless all the heirs approve it, if there are any heirs after their death.

Allah knows best.

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