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Custody for Adopted Children

Nasihah (Advice): The guardian of an orphan
Sayyiduna Sahl Bin Sa’d Radhiyallahu Anhu reported that Rasulullah Sallallahu Alayhi Wasallam said, “I and the guardian of the orphan will be (as close) as two fingers (indicating his forefinger and middle finger) in Jannah.” (Abu Dawood)
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Question and Answer:
Q. asalaam-alaikum wa rahmatullahi wa barakatuhu, My husband and I adopted two male children a few years ago from the orphanage. I breast fed them before they reached two years of age to establish mahram relationship with them. My husband and I are now divorcing due to many issues. Could you please tell me if the islamic custodian rulings for adopted children are the same a biological children? I’ve been told that the children will be with me until the age of 7 (unless i remarry, in which case I will lose them) and after that they will need to go to my husband and I will only have visitation privileges with them. Is this valid in the case of adopted children as well? please advise. jazakallah hu khairan.
(Question published as received)
A. The general rights and laws of custody (Haqq-ul-Hadhaanah) do not apply to adopted or fostered children. There are no fixed principles governing the rights of custody of adopted children in the case of divorce between spouses. Therefore, the couple should discuss the matter and reach a mutual agreement which will be in the best interests of the children. (Shaami 3/556)
And Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
Confirmation: 
Mufti Ebrahim Desai
(Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh) 
Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
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Durban, South Africa
Tel : +27 (0) 31 2077099
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