Q. My parents adopted a child before I was born. Now that both of us are mature, I have come to know that Islam does not approve of adoption. There is a lot of tension in our house, and my parents feel themselves at a fix. This is concerned with the division of property. Can my parents give him some of their share?
Magsood
A. I am not sure that I understand the problem. To start with, Islam does not recognize adoption. It is not possible for anyone to claim a child as his own, when that child is not born to him by his wife. The abrogation of all adoption is stated in verses 4 and 5 of surah 33. However, a Muslim may take care of the upbringing of a child, particularly if it is an orphan. This earns great reward from God, but the child must not be called as a son of the couple who bring it up. The child continues to be called after its own father.
Where the question is problematic is when you speak of the division of property. What property is there to be divided? Are you talking of inheritance? The child your parents adopted has no claim to any share of inheritance from them, as he is not their son. If they want to do something for him, they may leave him something by will. That cannot exceed a maximum of one-third of their property. If you are asking about something that takes place in their lifetime, you have to explain it. I cannot imagine what you have in mind.
Zakah on Investment
Q. When my husband died, he left me some money which I have invested in a government scheme. It pays a dividend every six months which is the income I live on. I have been paying zakah on the total amount, but then the income is decreasing and I am finding this difficult to maintain. Please advise.
S. A.
A. As this is a new type of investment, scholars have looked at it carefully and issued a ruling or fatwa that defines the amount of zakah to be paid. The point to be remembered here is that zakah is liable on every type of property or money that, by nature, is subject to growth. The capital you are investing is not liable to growth, but gives a share of profits. Hence, you should pay zakah only on the income you receive at the rate of 10%. Suppose you have invested SR100,000, which gives you SR8,000 every year. You pay in zakah 800 riyals, which is much less than what you would have had to pay if zakah was liable on both principal and profit.
Arab News Islam 25 April 2003