Mufti Online — Madrasah Ta'leemuddeen

Inheritance - adopted child

· 23 Jumada I 1435 AH1 min readEnglish

Question

My question is that if a child is adopted in his very lesser age and in certificates also his father name is mentioned the adopted father. And If both these parents died with out any formal will for their wealth and properties, does this child has the right to claim the properties along with the other born children of those parents?

If the mother says to give the equal right the adopted child is it compulsory to give part in that property. Please explain me in details as per shariath.

Answer

1. No.

2. No. However, the mother has a right to make a bequest in favour of the adopted child up to one-third of the estate.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/6274
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-6274

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