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Does an adopted child inherit from the estate of their adoptive parents?

Nasihah (Advice): The Most Merciful of the Merciful

 

Sayyiduna Abu Hurayrah Radhiyallahu Anhu reports: A man came to Nabi Sallallahu Alayhi Wasallam with a child which he began to embrace. He asked. ‘Do you show mercy towards the child?’ ‘Yes,’ the man replied. He said, ‘Allah is more merciful towards you than you are towards this child. He is the Most Merciful of the Merciful.’ (Adabul Mufrad)

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Question and Answer:

 

  1. Does an adopted child and a fostered child through breastfeeding inherit from the estate of their adoptive or foster parents?

 

(Question published as received)

 

  1. A)An adopted child or a foster child through breastfeeding do not inherit a fixed share of inheritance from his/her adoptive or foster parents. Rather, they inherit from their biological parents.

 

However, the adoptive or foster parents are entitled to make a bequest up to one third of their estate to their adopted or foster child after their demise or gift whatever they wish to him/her during their lifetime.

 

And Allah Ta’ala Knows Best

 

Mufti Ismaeel Bassa

Mufti Moosa Salie

 

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

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