QUESTION: We put before you the case of one of our relatives who adopted a deserted male infant, raised and treated well. By way of diligence and compassion he named him Yuusuf. The foster guardian [Zubayr] then passed away leaving no sons to inherit from him. The adopted child reached the age of puberty and enrolled at the academy of arts in the city of Dhahran. Our relatives sat in consultation as to changing the name of this adopted child.
Some of the opinion that his name should be amended to the family name, whilst others opposed this fearing that confusion could occur in lineage and error in inheritance. I hope that we can be advised as to ruling of the Shareeﾒah concerning this, so that we can progress upon the light of our ruling.
ANSWER: It is not legally permissible to attribute the deserted infant to its adopted guardian by way of descent, where the child is named after its guardian, attributed to him like a son is to his father and ascribed to his tribe as is mentioned in the question. Due to the fact that this involves lies and falsity, confusion of lineage, danger to honour and the changing of the course of inheritance by eliminating a deserving heir or granting a share to a non-heir.
It also involves making the forbidden lawful and forbidding what is lawful. This is by permitting his seclusion with the guardians wife and daughters. In addition to the forbidding of their marriage and other transgressions of sanctity as well as traversing the limits of the Shareeah. For these reason, Allaah has forbidden attributing a child to other than its father and the Prophet [peace and blessings of Allaah be upon] has cursed he who ascribes himself to other than his father.
Allaah says; " ... nor has he made your adopted sons your real sons. That is but your saying from your mouths. But Allaah says the truth and He guides the way. Call them by their fathers [name] that is more just with Allaah. But if you know not their fathers they are your brothers and as your freed salves. And there is no sin upon you concerning that which you made a mistake, except in regard to what your hearts deliberately intend. And Allaah is Ever Forgiving, Most Merciful." [Q 33:4-5]
Furthermore, the Prophet [peace and blessings of Allaah be upon him] said, Whoever attributes himself to other than his father knowingly, Paradise is forbidden for him". [Ahmad]. He also said, "Whoever attributes himself to other than his father or ascribes himself to other than manumator, the continuous curse of Allaah is upon him until the Day of Resurrection."
The endeavour of the questioner in naming this adopted child by familys name is an error that is not permissible to prolong. It is obligatory to change his name to other than that of the familys due to evidence related and in light of the aforementioned points of wisdom. As for being for passionate towards the deserted child, raising him, and treating him well, it is well known that the Shareeah has encouraged this. May Allaah bless and send peace upon our Prophet Muhammad and his family.
This article was culled from the publications of Deen Communication Limited