Illegitimate Child – Illegitimate baby, a baby born out of fornication. A toddler born out of wedlock. A child that is born of a married couple is referred to as a “legitimate baby”, a baby born out of wedlock is called an “illegitimate infant”. Lineage expresses a person’s bond of blood with his ancestors.
Islam prohibits parents from denying the lineage of their kids. It is regarded haram for a woman to characteristic the child to which she gave delivery to someone other than his real father. The Prophet states the following concerning the problem:
“Any woman who brings to her circle of relatives one that does now not belong to it has nothing to do with Allah (i.E. Expects no mercy from Allah), and Allah will not carry her into His Paradise. Allah, the Exalted, will veil Himself from any man who disowns his infant whilst he appears at him, and shame him within the presence of all creatures, first and closing. (Abu Dawud Talaq, 29; Darimi, Nikah, forty two; Nasai, Talak, 47).
Illegitimate Child – Islam prohibits kids from accepting everybody other than their own fathers as fathers. The following is said in a hadith:
“Paradise is haram for a person who claims to be the son of another man or woman than his actual father knowingly.” (Bukhari, Manaqib, 5, Faraid, 29; Muslim, Iman, I 12,114, 115, Itq, 21; Tirmidhi, Wasaya, 5, Wala’, 3: Darimi, Siyar, eighty two, Faraid, 2; Ahmad b. Hanbal, II,118, V, 38, forty six).
Islam abolished adopting the kid of any other man or woman. This exercise, which existed before Islam, turned into abolished through an instance inside the family existence of the Messenger of Allah himself. For, earlier than the Messenger of Allah (pbuh) have become a prophet, the people referred to as Zayd b. Haritha as Zayd b. Muhammad (Muhammad’s son Zayd). The following verses ended this exercise and know-how:
“Allah has not made for any guy two hearts in his (one) body: nor has He made your other halves whom ye divorce by using Zihar your mothers: nor has He made your adopted sons your sons. Such is (most effective) your (way of) speech by way of your mouths. But Allah tells (you) the Truth, and He indicates the (right) Way. Call them by using (the names of) their fathers: this is juster inside the sight of Allah. But if ye realize not their father´s (names, call them) your Brothers in religion, or your maulas. But there is no blame on you if ye make a mistake therein: (what counts is) the intention of your hearts: and Allah is Oft-Returning, Most Merciful.” (al-Ahzab, 33/four, 5)
As a count of fact, Zaynab bint Jahsh, whom Zayd b. Haritha divorced due to discord, married the Messenger of Allah (pbuh) afterwards as it is said inside the verse underneath:
“…Then when Zaid had dissolved (his marriage) with her, with the vital (formality), We joined her in marriage to thee: in order that (in destiny) there can be no problem to the Believers in (the matter of) marriage with the better halves of their adopted sons, whilst the latter have dissolved with the essential (formality) (their marriage) with them…” (al-Ahzab, 33/37)
Illegitimate Child – Accordingly, if someone adopts a deserted infant or a child whose dad and mom are not recognized, this infant is not seemed as his own baby even though he does no longer call him as his own toddler. Inheritance isn’t always in query while a baby is adopted; marriage prohibitions approximately being relatives are not in query either.
However, if a person acts as a dad or mum of an orphan brings him up, teaches him a profession and marries him off, he is appeared to have carried out a completely righteous deed. However, the general decrees of Islam related to tasattur (hijab) and no longer being alone together emerge as legitimate after puberty.
It cannot be concept that the maternal lineage of the child is uncertain. The lady who gave birth to the kid is his mother. Attribution to the mother does not alternate whether the child is born legitimately or illegitimately. The attribution of the kid to the father takes location in four bureaucracy.
A valid marriage, an illegitimate marriage, sexual intercourse based totally on doubt and the man’s reputation of the kid. Islam abolished the practice of attributing the lineage of the child that turned into born as a result of fornication to the father.
The Prophet (pbuh) stated the following:
“The toddler belongs to the husband that is the proprietor of the bed. The one that commits adultery is stoned and disadvantaged.” (Bukhari, Buyu’, 3, a hundred, Khusumat, 6, Wasaya, 4, Maghazi, 53, Faraid, 18, 28, Hudud, 23, Ahkam, 29; Muslim, Rada’, 36, 37; Abu Dawud, Talaq, 34; Tirmidhi, Rada’, eight, Wasaya, 5; Ibn Majah, Nikah, 59, Wasaya, 6; Malik, Muwatta’, Aqdiya, 20; Ahmad b. Hanbal, I, 25, 59, 65, fifty nine, 104, II, 179, 207, 239, 280).
What is meant by means of the hadith above is the husband this is married with a legitimate nikah. The infant is attributed to him. If there may be no nikah, the sexual intercourse is appeared as fornication and the child this is born is not attributed to the sort of guy. For, fornication is not suitable for being a cause for the proof of lineage.
Illegitimate Child – Accordingly, a toddler is attributed to the father while it’s far legitimate for him to be in the bed. This takes place only thru sound or invalid nikah. This is the view of the bulk. It is stated from Abu Hanifa that lineage could be particular based totally on marriage settlement best. (al-Qasani, al-Badayi’, 2nd affect, Beirut 1394/1974, III, 212; Ibnul-Humam, Fathul-Qadir, 1st impact, Egypt 1316/1898, III, three hundred; Ibn Rushd, Bidayatul-Mujtahid, Egypt, nd, II, 352; ash-Shawkani, Naylul-Awtar, VI, 279 ff)
The Reasons for the Lineage to be Definite
Lineage turns into exact via three methods:
1. Period of pregnancy: There is unanimous settlement that the shortest period of pregnancy is six months. According to the bulk of the scholars, the beginning of this period starts of evolved from sexual sex. According to Abu Hanifa, this era begins from the marriage contract. The period of six months is primarily based on the subsequent verses:
“…The carrying of the (baby) to his weaning is (a duration of) thirty months…” (al-Ahqaf, 46/15).
“…In travail upon travail did his mother endure him, and in years twain became his weaning…” (Luqman, 31/14).
Thus, whilst two years, that is, twenty-4 months, is subtracted from thirty months, the end result is six months.
The longest duration of pregnancy is two years in step with Hanafis, four years consistent with Shafiis and Hanbalis, five years in keeping with the famous view of Malikis and nine months in step with Ibn Hazm. Those longest intervals have been determined based totally on stories. (see Ibnul-Humam, ibid, III, 310; Ibn Abidin, Raddul-Muhtar, II, 857; Ibn Rushd, ibid, II, 352; al-Maydani, al-Lubab, III, 87; Ibn Qudama, al-Mughni, VII, 477 ff; Ibn Hazm, al-Muhalla, X, 385).
2. The lineage of a infant who’s born in the length of iddah will become specific: If a lady claims after being divorced that she gave start to a infant inside the period of iddah and if the husband denies it, the lineage of the child associated with the daddy does now not become precise until the woman brings male witnesses or one male and one girl witness in step with Abu Hanifa. For, the iddah of the female ends whilst she publicizes that she gave start to a child. Therefore, the proof of the lineage is wanted. (Ibnul-Humam, ibid, III, 305-309; Zaylai, Nasbur-Raya, III, 264)
3. Determining the daddy of the child through bodily resemblance: If a lady marries another man all through the duration of iddah, it’s miles feasible for the kid to be born to belong to both man. According to Hanafis, it’s miles decreed that the child belongs to each men seeing that there may be no proprietor of the mattress. According to the bulk of the scholars, it is essential to try to determine the actual father primarily based on physical and biological similarities.
Illegitimate Child – The proof they base their view is the following incident: There were a few rumors because of the distinction of shade between Zayd b. Haritha and his son Usama. When a scholar of genealogy declared that Zayd become his father by way of searching at their ft, the Prophet became very pleased. If it had been not permissible to utilize physical resemblance, the Messenger of Allah might not have allowed it. (ash-Shawkani, Naylul-Awtar, VI; 282; az-Zuhayli, al-Fiqhul Islami wa Adillatuh,1405/1985, VII; 680, 681)
Accordingly, the youngsters which can be born in any way besides a valid marriage, invalid marriage and sexual intercourse primarily based on doubt are seemed as “illegitimate children”. If a girl is introduced to a person’s room and if they are saying, “that is your legitimate spouse” and if the man believes on this assertion considering that he has not seen or known her earlier than and has a sexual intercourse with her, this is a sexual intercourse based on doubt. Some decrees are attributed to this sex on the grounds that the man is excused here. The decree that the lineage of the child to be born is attributed to the man is certainly one of them.
A toddler this is born from a sexual intercourse that isn’t always primarily based on doubt like that is additionally appeared as an illegitimate baby. For, the Prophet (pbuh) said, “The child belongs to the husband this is the proprietor of the mattress. The one who commits adultery is deprived.”
Decrees approximately an illegitimate infant
It isn’t always permissible to afflict and oppress the children whose fathers aren’t regarded or who are known to be illegitimate youngsters by way of addressing them like that. For, they did not have any opportunity to affect or alternate the destiny or to save you some thing like that. It is said one of the verses above that it’s far essential to treat them understandingly:
“Call them by way of (the names of) their fathers: this is juster in the sight of Allah. But if ye recognise now not their father´s (names, name them) your Brothers in religion, or your maulas. But there is no blame on you if ye make a mistake therein.” (al-Ahzab, 33/5).
If the physical father of an illegitimate infant is precise, kinship associated with marriage occurs as it is the case in a legitimate marriage in keeping with Hanafis. The prohibition of marriage between this baby and the person who committed fornication takes place; the identical prohibition is valid between the mom of this toddler and the ancestors and offspring of that man.
Shafiis preserve the view that fornication does not result in marriage prohibition. (see as-Sarakhsi, al-Mabsut, Egypt 1324-1331 /1906-1912, IV, 204 ff; al-Jassas, Ahkamul-Qur’an, Cairo, nd, II, 137; Bilmen, Istılahat-ı Fıkhıyye Kamusu, Istanbul 1967, II, 97; Hamdi Döndüren, Delilleriyle İslam Hukuku, Istanbul 1983, 215, 216)
If an illegitimate toddler is just, his witnessing is generic inside the court docket. (al-Maydani, al-Lubab, IV, 63 ff; az-Zuhayli, ibid, 567)
On the alternative hand, it’s miles appeared makruh for an illegitimate child to steer prayers to the congregation. For, lack of schooling and psychological frustration may be dominant in them. However, if an illegitimate toddler is a scholar and if he’s outstanding a few of the congregation, there is no drawback to his being an imam. (see Hamdi Döndüren, Delilleriyle İslam İlmihali, Istanbul, 1991, 304).
The right of inheritance of an illegitimate baby
– How will a infant who changed into born out of a haram sex or from an illegitimate way be an heir in terms of his father?
If a husband accuses his wife of adultery, the spouses may be divorced as a result of “lian” so one can take area in the court; this decree removes the lineage of the kid that became born or that is predicted to be born in terms of his father.
Inheritance isn’t always in question between an illegitimate baby and a child whose lineage is rejected in phrases of his father and his father and the household of his father. There is unanimous settlement on it. Such a child turns into an inheritor in phrases of his mom. His lineage associated with his father is removed; therefore, he can’t be an heir to his father. His lineage in phrases of his mother is particular. For, the lady who gave beginning to him is his mom. Adultery isn’t always regarded as a legitimate manner in figuring out the lineage of the child.
Illegitimate Child – An illegitimate baby and a toddler whose lineage is rejected via lian come to be an heir to their moms and maternal loved ones. When there are other valid children of the female, he’s appeared as a 1/2-brother. Therefore, he can’t be an inheritor with the attribute of “asaba”. The mother turns into an heir to the sort of toddler.
The Prophet (pbuh) states the following: Illegitimate Child
“If a person commits fornication with a loose or slave female, the child in an effort to be born will become an illegitimate child. He can not be an inheritor and his inheritance is not left to all and sundry.” (see Abu Dawud, Faraid, 9; Ibn Majah, Faraid, 14; Darimi, Faraid, forty five; ash-Shawkani, Naylul-Awtar, VI/66)
“The Prophet (pbuh) attributed the inheritance of a toddler who become rejected by using lian to his mom after which to her household.” (see Bukhari, Faraid, 17; Abu Davud, Faraid, 9; Darimi, Faraid, 24)
“An illegitimate toddler is sort of a baby whose lineage become rejected via mulaana.” (Darimi, Faraid, 45)
“The Prophet (pbuh) decreed that a toddler whose lineage become rejected with the aid of mulaana would be an heir to his mom.” (Ahmad b. Hanbal, II, 216)
In end, inheritance happens between an illegitimate toddler or a toddler of lian and the mother and her family. For example, when someone dies, and he has a mother, a maternal 1/2-brother and a brother born out of fornication, the mom gets one-0.33 of the inheritance and the maternal half-brother receives one-6th. The closing inheritance is shared thru radd. Finally, two-thirds of the inheritance go to the mom and one 1/3 to the maternal 1/2-brother. The paternal half of-brother born of fornication is excluded from inheritance.
When a baby born of fornication or a baby who is rejected through lian dies, and his mother, his mother’s father and his maternal uncle exits, all the inheritance goes to the mom. For, the grandfather and the maternal aunt are most of the inheritors of dhawil-arham; whilst the mom who’s proprietor of fard is alive, the inheritance will now not visit them. She receives one-1/3 of the inheritance through being an ashabul-faraid and the opposite -thirds thru radd.
As for a kid who has no spouse and children and who dies with out an inheritor, the housing and schooling of any such child belongs to the Islamic kingdom. Therefore, his inheritance is left to the nation as it is the case inside the ownerless things. (see Ibn Abidin, Raddul-Muhtar, Egypt, nd. V, 565; al-Maydani, al-Lubab, IV, 198; az-Zaylai, Tabyinul-Haqaiq ala Kanzid-Daqaiq, al-Amiriyya impression, VI, 214; Ibn Qudama, al-Mughni, third affect, Cairo, 1970, VI, 259 ff)
Question
Illegitimate Child – If a man commits zina with an unmarried girl, and this zina consequences in the beginning of a toddler, is it permissible for him to name the child after himself?
Answer
Praise be to Allah.
The students are unanimously agreed that the mattress is the primary precept in establishing lineage. What is meant via the mattress is marriage among the person and the lady.
However the students differed with regard to the zaani if he wants to renowned his illegitimate baby and contact him after himself: does that prove the kid’s lineage in shar‘i terms, or not? There are two famous views:
1. That the illegitimate child isn’t always to be attributed to the zaani despite the fact that he recognizes him and names him after himself.
This is the view of most of the scholars of the four madhhabs, and of the Zaahiris (literalists) and others.
Based in this view, the illegitimate baby – whether or not male or girl – is not to be attributed to the zaani and isn’t to be defined as his infant; rather he is to be attributed to his mother, and he’s a mahram to her and inherits from her like her other children.
Fatwas had been issued on the idea of this view by means of Shaykh Ibn Ibraaheem, as in his Fataawa (eleven/146); Shaykh Ibn Baaz, as in Majmoo‘ al-Fataawa (18/124); and by the Standing Committee (al-Lajnah advert-Daa’imah, 20/387).
That is due to the fact the Prophet (benefits and peace of Allah be upon him) said: “The baby is to be attributed to the mattress (i.E., to the husband) and the adulterer deserves not anything.” Agreed upon. The relevant point here is that the Prophet (advantages and peace of Allah be upon him) did now not describe the kid as belonging to every person aside from the bed (i.E., the husband), and he said that the adulterer did now not deserve whatever at all. Attributing the child to the adulterer is attributing the kid to a person other than the husband.
The phrases: “The child is to be attributed to the husband” imply that attribution of the kid is to be to the wedding handiest.
2. That if the zaani acknowledges his illegitimate baby, then he’s to be attributed to him.
This is the view of ‘Urwah ibn az-Zubayr, Sulaymaan ibn Yasaar, al-Hasan al-Basri, Ibn Sireen, Ibraaheem an-Nakha‘i, and Ishaaq ibn Raahawayh, as was narrated from them by Ibn Qudaamah in al-Mughni (9/123)
This view was favoured by way of Shaykh al-Islam Ibn Taymiyah (may also Allah have mercy on him) and his student Ibn al-Qayyim.
Among present day pupils it become additionally favoured by way of Shaykh Muhammad Rasheed Rida in Tafseer al-Manaar (4/382), and by using Shaykh Ibn ‘Uthaymeen (may additionally Allah have mercy on him), as in ash-Sharh al-Mumti‘ (12/127).
That is due to the fact this child became born from his sperm, so he’s his son in truth, and there may be no clean, sound, shar‘i proof to indicate that he should no longer be attributed to him.
With regard to the hadith “The infant is to be attributed to the mattress (i.E., to the husband) and the adulterer merits nothing”, it refers to the case in which there is a marriage, and the difficulty beneath dialogue right here has to do with a case wherein there’s no marriage.
This is supported via what’s stated inside the tale of the dedicated worshipper Jurayj, whilst he spoke to the kid whose mom had devoted zina with the shepherd: “He stated: ‘Who is your father, O toddler?’ The baby stated: ‘The shepherd.’” Agreed upon.
The speech of this infant turned into by means of manner of a miracle and superb event bestowed with the aid of Allah, and he said that the shepherd was his father, despite the fact that the relationship changed into certainly one of zina. This proves that paternity can be attributed to the zaani.
Moreover, the Lawgiver seeks to shield lineages and take care of kids, and to present them the first-rate upbringing and shield them from being misplaced.
We have previously discussed the matter in element and explained the one-of-a-kind scholarly reviews regarding it, and the proof for every view, within the solution to impeach no. 192131.
Conclusion: The view that it is forbidden or permissible (to characteristic an illegitimate toddler to his father) are two scholarly views that carry weight. This issue is one of the matters which might be open to ijtihaad, so every case must be examined on its own merits.
If the child will omit out on some religious or worldly hobbies (through now not being attributed to his father), then we have to adopt the view that it is permissible to characteristic him to his father, in the hobby of protective him and ensuring that he could be looked after, which is a legitimate shar‘i interest.
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