Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Your Question: ….what will be the future of this baby.

• Although the baby itself will be absolutely innocent of the crime of its parents, if it was conceived out of marriage, it will be considered a child born out of `zina` in the Sight of Shariah Law and a few restrictions will apply in the sight of Shariah Law:
• The baby will be called and recognized by the name of its mother.
• The baby will legally inherit only its mother; and the mother will inherit from its baby.
• The baby will not be a legal heir of its biological father and thus it will neither inherit its father, nor will its father inherit from the baby.
• Neither the baby nor its biological father in such a case would have any rights due from each other; basically the child would have no legal obligation towards its biological father, nor would the biological father have any legal obligations towards its illegitimate child.

ASSALAMO ALAIKUM BROTHER

I AM CONFUSED WITH THE ABOVE RULES: EVEN IF THE BIOLOGICAL FATHER MARRIES THE CHILD'S MOTHER BEFORE HE /SHE IS BORN?

PLS. CLARIFY

A SISTER

JAZAKALLAH

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Child conceived of zina wedlock

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: EVEN IF THE BIOLOGICAL FATHER MARRIES THE CHILD'S MOTHER BEFORE HE/ SHE IS BORN?

If a child is ‘conceived’ before marriage or out of wedlock, absolutely regardless of whether or not the biological father later marries the woman he committed the abomination of ‘zina’ with…..as long as the child was ‘conceived’ out of marriage, it will be considered a child born out of ‘zina’ in the Sight of Shariah Law and in the Sight of Allah Subhanah; and all the conditions and restrictions which apply to any child born out of wedlock will apply to this child.  

• The baby will be called and recognized by the name of its mother.
• The baby will legally inherit only its mother; and the mother will inherit from its baby.
• The baby will not be a legal heir of its biological father and thus it will neither inherit its biological father, nor will its father inherit from the baby.
• Neither the baby nor its biological father would have any rights due from each other; basically the child would have no legal obligation towards its biological father, nor would the biological father have any legal obligations towards its illegitimate child.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan