Q: Your Eminence, there is
a Laqit (foundling child) who was adopted by a man and
registered in his name. A person proposed to this girl and the adoptive father was her Waliy (a legally accountable person acting for a woman regarding marriage) in concluding the marriage contract. 1. Is this contract valid and why? 2. If the contract is invalid, what should we do? How could we correct the contract? 3. It is said that the wife of this man breast-fed this girl taking into account that he is barren; will it be permissible for him to be her Waliy in concluding the marriage contract because he is her foster-father?Could you kindly advise!
it is not permissible for the person who adopted a little girl and his wife breast-fed her to be her Waliy in concluding her marriage contract, because he is not one of her guardians. Her Waliy in this case is (Part No. 18; Page No. 161) the Muslim ruler or his deputy. Therefore, the contract must be renewed under the supervision of the ruler.
it is not permissible for a person who adopts a Laqit to ascribe them to himself, because Allah (Exalted be He) says:
Call them (adopted sons) by (the names of) their fathers: that is more just with Allâh.
Consequently, the person who adopted the girl must remove her name from his ID card and give her another name ascribed to Allah (Exalted be He), such as `Abdullah (the Servant of Allah) or `Abdul-Rahman (the servant of the Merciful); and the same will be applied to the name of her grandfather. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.