Excerpted from: Aḥkām wa Masā’il – In the Light of Qur’an and Sunnah
Author: Shaykh Mubashar Ahmad Rabbani
Suppose Zayd adopted Bakr’s daughter and raised her as his own. The following questions arise regarding her status in Islam:
① Should her father’s name in official documents be listed as Bakr (biological father) or Zayd (adoptive father)?
② Who will act as her guardian (walī) at the time of her marriage?
③ If her real guardians are unavailable, then who will serve as her walī?
During the Age of Ignorance (Jāhiliyyah), it was a widespread practice to treat adopted children as biological children, granting them the same rights. This practice continued briefly in early Islam until Allah revealed the following verse in the Qur’an to abolish it:
“Call them by [the names of] their [biological] fathers; that is more just in the sight of Allah. But if you do not know their fathers, then [they are] your brothers in faith and your clients...”
[Sūrah al-Aḥzāb 33:5]
① Parentage:
The girl's official documentation and name must bear the name of her real father (Bakr). It is a sin and injustice to list Zayd (adoptive father) in her place.
② Marriage Guardian (Walī):
Her biological father is the rightful walī in marriage.
③ If biological guardians are unavailable or refuse:
The next closest male relatives (e.g., paternal grandfather, uncle) will act as walī.
If no guardian is present or willing, then the Islamic ruler or judge (sulṭān or qāḍī) becomes her walī.
Sayyidah ʿĀ’ishah رضي الله عنها narrated that the Prophet ﷺ said:
“Any woman who marries without the permission of her walī, her marriage is invalid, invalid, invalid. If the man consummates the marriage, she is entitled to a mahr (dowry) due to the intimacy. And if there is a dispute among the guardians, the ruler (sulṭān) is the walī for the one who has no walī.”
[Abū Dāwūd: 2083; Ibn Mājah: 1879; Tirmidhī: 1102]
Author: Shaykh Mubashar Ahmad Rabbani
❖ Question:
Suppose Zayd adopted Bakr’s daughter and raised her as his own. The following questions arise regarding her status in Islam:
① Should her father’s name in official documents be listed as Bakr (biological father) or Zayd (adoptive father)?
② Who will act as her guardian (walī) at the time of her marriage?
③ If her real guardians are unavailable, then who will serve as her walī?
❖ Answer:
During the Age of Ignorance (Jāhiliyyah), it was a widespread practice to treat adopted children as biological children, granting them the same rights. This practice continued briefly in early Islam until Allah revealed the following verse in the Qur’an to abolish it:
“Call them by [the names of] their [biological] fathers; that is more just in the sight of Allah. But if you do not know their fathers, then [they are] your brothers in faith and your clients...”
[Sūrah al-Aḥzāb 33:5]
✦ Key Lessons from the Verse and Prophetic Practice:
- After this revelation, the Prophet’s adopted son was no longer called “Zayd ibn Muhammad” but reverted to Zayd ibn Hārithah, his real name.
- This also clarified that the rulings of an adopted child are not the same as those of a biological child.
- For example, a man cannot marry the ex-wife of his real son, but the Prophet ﷺ married the divorced wife of Zayd (his adopted son), proving they do not share the same legal status.
- The Prophet ﷺ also said to Zayd:
“You are our brother and our freedman.”
[Bukhārī: Book of Maghāzī – 4251; Musnad Aḥmad 1/115, ḥadīth 931]
- The Prophet ﷺ further warned in a ḥadīth:
“Whoever falsely claims another man as his father knowingly, Allah’s curse is upon him, the angels’ curse, and all mankind’s curse.”
[Ṣaḥīḥ Muslim: ḥadīth 1370]
❖ Conclusion on the Questions:
① Parentage:
The girl's official documentation and name must bear the name of her real father (Bakr). It is a sin and injustice to list Zayd (adoptive father) in her place.
② Marriage Guardian (Walī):
Her biological father is the rightful walī in marriage.
③ If biological guardians are unavailable or refuse:
The next closest male relatives (e.g., paternal grandfather, uncle) will act as walī.
If no guardian is present or willing, then the Islamic ruler or judge (sulṭān or qāḍī) becomes her walī.
✦ Supporting Ḥadīth:
Sayyidah ʿĀ’ishah رضي الله عنها narrated that the Prophet ﷺ said:
“Any woman who marries without the permission of her walī, her marriage is invalid, invalid, invalid. If the man consummates the marriage, she is entitled to a mahr (dowry) due to the intimacy. And if there is a dispute among the guardians, the ruler (sulṭān) is the walī for the one who has no walī.”
[Abū Dāwūd: 2083; Ibn Mājah: 1879; Tirmidhī: 1102]
