Giving One's Child to One's Brother

7-10-2003 | IslamWeb

Question:

Can I give my child to my brother (with the permission of my wife? Is it acceptable in the Shariah?

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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 is His slave and Messenger.

Giving your child to your brother is one of the two following situations:

1) First situation: you give him your child to live with your brother who will educate him and take care of him since he does not have a child provided this child is not traced to him. This is a righteous deed and there is no objection to it as long as he educates him well and takes care of him.

2) Second situation: is where the person gives his child to another person for adoption. This is forbidden in the Sharee’ah. The Prophet said: “Whoever claims that a man is his father – while he knows that he is not his father – Paradise is forbidden to him.” [Al-Bukhari and Muslim]

The Prophet also said: “Whoever is traced back to other than his father, or is related to other than his own master, there is upon him the curse of Allah, the angels, and all the people, and Allah will not accept from him any obligatory or supererogatory acts of worship on the Day of Judgment.” [Muslim]

This is also because adoption is forbidden in Islam. Allah Says (what means): {Call them by [the names of] their fathers; it is more just in the sight of Allah. But if you do not know their fathers - then they are [still] your brothers in religion and those entrusted to you. And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever is Allah Forgiving and Merciful.} [Quran 33:5]

For more benefit on the ruling of adoption, please refer to Fataawa 119119, 84422, and 82371.

Allah knows best.