Question
What is the ruling regarding the marriage between a woman of known parentage and a man who is someone's adopted child? Does the woman have a right to know his true lineage? If his true lineage comes to light only after the marriage and turns out to be inferior to her own, does she have a right to demand a divorce on those grounds?
Answer
An adopted child is usually of unknown parentage. If a woman marries a man who is someone's adopted child, the marriage is valid as long as the conditions of the contract are valid.
As for his being her equal in lineage or of better pedigree than her, this is not necessary. The correct view among Islamic scholars is that it is not a consideration for marriage in Islam that the man enjoys an equal or superior lineage to the woman.
This is because Allah says: “O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honored of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things). [Sûrah al-Hujurât: 13]
Also, the Prophet Muhammad (peace be upon him) said: “O people! Your Lord is One. Also, your first father is one. There is no preference for Arabs over non-Arabs, nor white people over black people. (Preference is only) by piety.” [Sahîh Muslim]
Consequently, if the woman entered into the marriage knowing that her husband is an adopted child, she cannot later on use her husband's uncertain or inferior lineage as a basis to demand a divorce.
The situation is different if the man had deceived her at the time of marriage by deliberately and falsely representing himself as belonging to a particular lineage which is not truly his own. This might be by his concealing the fact that he is adopted and openly professing a superior lineage. In this case, the deception can be grounds for her demanding a divorce.
However, if the issue of his parentage simply never came up during the time of courtship and marriage discussions, then she cannot use his adopted status as grounds for divorce later on.
This is because the Prophet (peace be upon him) said: “Any woman who asks her husband for a divorce without justification will be forbidden from the scent of Paradise.” [Musnad Ahmad (5/382) and Sunan Abî Dâwûd (1/216)]
And Allah knows best.
As for his being her equal in lineage or of better pedigree than her, this is not necessary. The correct view among Islamic scholars is that it is not a consideration for marriage in Islam that the man enjoys an equal or superior lineage to the woman.
This is because Allah says: “O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honored of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things). [Sûrah al-Hujurât: 13]
Also, the Prophet Muhammad (peace be upon him) said: “O people! Your Lord is One. Also, your first father is one. There is no preference for Arabs over non-Arabs, nor white people over black people. (Preference is only) by piety.” [Sahîh Muslim]
Consequently, if the woman entered into the marriage knowing that her husband is an adopted child, she cannot later on use her husband's uncertain or inferior lineage as a basis to demand a divorce.
The situation is different if the man had deceived her at the time of marriage by deliberately and falsely representing himself as belonging to a particular lineage which is not truly his own. This might be by his concealing the fact that he is adopted and openly professing a superior lineage. In this case, the deception can be grounds for her demanding a divorce.
However, if the issue of his parentage simply never came up during the time of courtship and marriage discussions, then she cannot use his adopted status as grounds for divorce later on.
This is because the Prophet (peace be upon him) said: “Any woman who asks her husband for a divorce without justification will be forbidden from the scent of Paradise.” [Musnad Ahmad (5/382) and Sunan Abî Dâwûd (1/216)]
And Allah knows best.
-islamtoday.net
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