Fatwa: # 44401
Category:
Country:
Date: 26th April 2020

Title

Does the father of an illegitimate child have any rights?

Question

Assalamualaikum

Duaa all is well

 

Does the father of an illegitimate child have any rights? 

If he does, what are they? 

Can the mother not allow the father into the child's life?

 

The man and wife to whom the child was born are not married. 

Please advise. 

Jazakallah.

Answer

Assalamu alaykum warahmatullahi wabarakatuh

 

The lineage and responsibility of an illegitimate child will be attributed to the mother. The biological father has no rights to the extent the if the child passes away the biological father will not inherit from him and if the biological father passes away the child will also not inherit.  

 

The mother should look at the best interest of the child. The child is innocent and the mistake is that of the parents. They should not make the child suffer due to their wrong doings. If it is in the interest of the child to be part of the father's life then she should not prevent him and if it is harmful for him to be in contact with his biological father then she should not allow it. 

 

 

And Allah Ta'ala knows best

 

Checked & approved by,


Mufti Ebrahim Desai

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