Mahramat (non-marriageable kinship) in Islam occurs through three ways, one of which relates to the issue of adoption, which brings its own mahram-related problems. Continue reading with SaedNews for more.
One of the most important problems in modern families is infertility. Despite advances in medical science and methods such as artificial insemination, some couples cannot have their own biological children. Therefore, to have a child, they seek to adopt and raise a child from an orphanage. A family that takes on the guardianship of a child should treat the adopted child like their own biological child — that is, besides creating a peaceful and nurturing environment, they must fully meet the child’s needs and avoid treating the child as anything less than their own. Naturally, over time, the child bonds with them and regards them as real parents.
One issue that complicates accepting an adopted child from an orphanage is the matter of mahram status between the child and the couple. A child growing up in a family needs love and a warm embrace, but this need conflicts with the rules of mahram relationships, which can cause difficulty for both sides.
There are three ways to become mahram in Islam:
Nisbah (Lineage) — This is biological kinship, such as the mahram relationship of a son to his mother or a daughter to her father.
Rada’a (Breastfeeding) — If a woman breastfeeds a child under specific conditions mentioned in Islamic jurisprudence, she, her husband, and her children become mahram to that child.
Sebab (Marriage) — Marriage creates mahram relationships, such as a daughter-in-law becoming mahram to her father-in-law and a son-in-law becoming mahram to his mother-in-law.
The question arises: if a couple adopts a child, how can the issue of mahram status be resolved? Because when the child reaches puberty, if it is a girl, she is considered non-mahram to the adoptive father, and if it is a boy, non-mahram to the adoptive mother.
The answer is that since mahram status can only be established through the three ways mentioned above, there must be a way to establish mahram relationships between the adopted child and the adoptive parents through one of these means.
The lineage method (biological relation) is obviously impossible.
So, the two remaining options are breastfeeding and marriage, which can be used in the following ways to establish the desired mahram status.
Note: What follows are possible and suggested methods, but a person knowledgeable in Islamic jurisprudence may consider other ways based on deeper study.
A boy adopted from an orphanage has no mahram problems with the adoptive father. But to create mahram status with the adoptive mother, the following methods can be used:
a) If the adoptive mother herself has milk (for example, she gave birth but the child died shortly after birth, and now she wants to breastfeed the adopted infant), she can breastfeed the boy under the required conditions. Then she becomes his milk mother and thus mahram to him.
b) If the adoptive mother’s own mother (the boy’s grandmother) has milk and breastfeeds the boy, she becomes his milk aunt (sister in rada’a), and the adoptive mother becomes mahram as well.
c) If the adoptive mother’s sister, niece, or grand-niece has milk and breastfeeds the boy, she becomes his milk aunt (khala).
d) If the wife of one of the adoptive mother’s brothers, or the daughter of one of her brothers, or even a granddaughter of her brothers breastfeeds the boy, then the adoptive mother becomes his milk aunt (ammah).
All breastfeeding methods to establish mahram status require that the child still be in the breastfeeding age. If the child is older than two years or no woman listed has milk, no significant way exists to establish mahram status by breastfeeding.
A girl adopted child has no mahram problems with the adoptive mother, but when she reaches puberty, she is considered non-mahram to the adoptive father. To establish mahram status, the following can be done:
a) The adoptive mother (or her husband, the adoptive father) breastfeeds her, making the father a milk father and mahram.
b) The adoptive father’s mother (the girl’s milk grandmother) breastfeeds her, making the adoptive father her milk brother.
c) The adoptive father’s sister or niece breastfeeds her, making the adoptive father her milk uncle.
d) The wife of one of the adoptive father’s brothers or one of his nieces breastfeeds her, making the adoptive father her milk uncle.
Again, breastfeeding to establish mahram status only applies if the child is still in breastfeeding age. If the girl is older than two or none of the mentioned women can breastfeed her, the only option is:
To arrange a temporary marriage (mut'ah) between the girl and the adoptive father’s father, which makes the girl permanently mahram to the adoptive father (as his stepmother).
Important: Actual sexual intercourse is not required, but the following conditions must be met for this temporary marriage:
It must be in the girl’s interest (which it generally is).
It should be done with the permission of a religious authority.
The duration of the temporary marriage should be long enough to be considered legitimate and not too short (e.g., not just a minute), though the remaining time can be waived later to avoid future problems.
If the adoptive father’s mother is alive and unmarried, she can be temporarily married to the boy, making her and her relatives mahram to the boy — provided intercourse occurs, which is uncommon socially.
Some adoptive fathers try to solve the mahram problem for an adopted girl by temporarily marrying her to themselves (i.e., making her their second wife) without informing others. Then when she reaches marriageable age, secretly ending that marriage and marrying her to someone else. However, this means the girl is mahram to the adoptive father only as long as she remains married to him; after separation, she is no longer mahram.
