Fatwa: # 23469
Category:
Country: Bolivia
Date: 30th November -0001

Title

Illegitimate Children

Question

As salam moo alaiykum respected brother in islam

 

I require your help please. I have a few questions, That need clarification on regarding my husbands illegitimate child.

Please could you assist me. May Allah reward you for your efforts. Jazak Allah.

 

My husband has a  daughter, born our of wedlock, from another woman.She is  a non muslim woman, the child is 8 years old. She was named Aneesha by her mother, and her surname is Alli ( my husbands surname). My husband did pay Aqeeqah when she was born, and did everything we supposed to do on the birth of a new child. The mother then kept the child away from my husband as she wanted marriage and he didnt want to marry her. We have contacted the child through the granny, with the hopes that she get to know us, so that if she gets used to us, then she might be happy to live with us.In this way we know she will grow up as a muslim, (currently she goes to church with the mother), go to madressa, eat halaal food etc. My husband supports the child every month by giving her mother money for his daughter. I am the one encouraging my husband to make her live with us, he isn't pushing for this as much as I am. we love her, and feel that she is innocent in this whole thing.
 
I was previously married and have a son from my first marriage, he is 12 years old.
My husband and I have 2 children together, a daughter who is 6 years old, and a baby boy who is 19 months.
We are married for 7,5 years Alhamdulilah.
 
My questions are:
1.   Is it permissible to allow the child  to live with us? ( I was told that an illegitimate child, shouldn't even have her fathers surname?)
2.   What does islam say about illegitimate children and the rules pertaining to them?
3.   Is she allowed to get inheritence, must we support her?
 
Please could you help me answer these questions.
I was told to speak to someone before we make any decisions so that our creator is happy with us and we do the right thing.
I would really appreciate your help and feedback in this matter
 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Your consideration for your husband’s biological daughter born out of wedlock is commendable. Your concern for her Islam is an expression of your strong Islamic values. Your attitude also reflects a sincere and clean heart, Alhamdulillah.

In principle, a child born out of wedlock is illegitimate and will not be principally attributed to the father. The laws of inheritance will not apply to them. That is if the father passes away, the illegitimate child will not inherit from his estate. If the child passes away, the biological father will not inherit from her estate.

It is also pleasing to note that your husband has supported his child thus far. The child going to church is a matter of concern. It is the father’s responsibility to safeguard the child’s Iman and save her from Kufr. In view of the circumstances, the father should keep the child with him and nurture her with Islamic values. Your support in this will earn you great rewards and the pleasure of Allah.

And Allah Ta’āla Knows Best

Mufti Ebrahim Desai.

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