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Adoption and mehram.

Adoption and mehram.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

As salam alakum

Dear Brother

1) well my uncle has adopt new baby from unknown women because my uncle dont have children? so can my uncle performed HAJ or UMRAH with that girl when she come in the age of 15 years and my uncle can become the mahram ?

please reply my Question?

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Adoption and mehram

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

As noble, meritorious and encouraged is the act of adoption in Islam, if your uncle happens to adopt a new-born baby girl from a non-mehram woman…..that baby will remain a non-mehram unto your uncle unless and until the new-born baby sucks milk from the breast of your uncle’s lawfully wedded wife….for then a lawful and sacred foster-relationship will be established between your uncle and his adopted baby girl.

Sahih Al-Bukhari Hadith 3.815         Narrated by Aisha

Once the Prophet (saws) came to me while a man was in my house. He (saws) said, "O 'Aisha! Who is this (man)?"  I replied, "My foster brother."  He (saws) said, "O 'Aisha! Be sure about your foster brothers, as fostership is only valid if it takes place in the suckling period (before two years of age)."

Al-Muwatta Hadith 30.4

Yahya related from Malik from Thawr ibn Zayd ad-Dili that Abdullah ibn Abbas (r.a.) said, "The milk which a child under two years old sucks, even if it is only one suck, makes the foster relatives ‘haram’ (sacred)."

If the adopted baby girl is beyond the age of infancy, or if the adopted baby girl is not suckled in her infancy by the wife of your uncle….then the girl will remain a non-mehram unto your uncle and all the restriction that apply between two non-mehrams in Shariah will have to be honored in their relationship.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,