Legal Rulings and Inheritance Concerning the Adopted Child (Mutabannā): A Research-Based Study in the Light of Sharī‘ah Texts

متبنیٰ کے احکام ووراثت: نصوص ِشریعہ کے تناظرمیں تحقیقی مطالعہ

Abstract

This article explores the Islamic and legal dimensions of child adoption with a specific focus on the implications for lineage, inheritance, and marital law in Islamic jurisprudence. While Western legal systems recognize adoption as a process that grants the adopted child full familial and inheritance rights including name change and legal parenthood Islamic law distinguishes clearly between biological and non-biological relationships. Drawing upon Qur’ānic injunctions, Prophetic traditions, and classical juristic discourse, this paper establishes that although Islam highly encourages the fostering and care of orphans and abandoned children, it prohibits the alteration of lineage and denies inheritance rights to adopted children unless granted through bequest. The research also examines Pakistan’s legal framework on guardianship under the Guardians and Wards Act 1890 and provides guidelines for ethical documentation and legal guardianship without violating Islamic principles. The paper concludes with recommendations for harmonizing child welfare with Sharī‘ah-compliant adoption practices, ensuring justice, lineage integrity, and the sanctity of Islamic family law.