Darul Ifta Ibn Masood

Can the grandparents look after the child in terms of Shariah?

Published as Lineage of a child born out of wedlock

· 29 Jumada I 1443 AH1 min readEnglish

Question

A 17 year-old boy impregnates a 24 year-old girl out of wedlock. The girl is unable to financially support the child. Can the grandparents look after the child in terms of Shariah? Would the child inherit from the father?

Answer

The child in this case is attributed to the mother, and not the father, hence the child does not inherit from the father, nor will the father inherit from the child, if the child predeceases the father.

The mother is entitled to full custody of the child. If she willing relinquishes her rights and allows the grandparents to take care of the child (due to her financial incapability to take care of the child), then there is no harm in doing so.

Answered by
Mufti Mohammed Desai
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/lineage-of-a-child-born-out-of-wedlock/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-15380

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