Mufti Online — Madrasah Ta'leemuddeen

Attributing the child to the father

· 27 Jumada II 1446 AH1 min readEnglish

Question

If for example, Abdullah is married to Amatullah - During the period of Nikah, Amatullah makes a mistake, she has an affair with a stranger and falls pregnant thereafter.

The baby that's born, to whom will he be attributed to? Since this baby is not Abdullah's biological child, will he still inherent from Abdullah?

Answer

The law of Shariah is that the child should be attributed to the husband and not the zaani (the person who made zina). Hence, in this case, since she was living with her husband and having relations with him, the child will be attributed to her husband and will be regarded as his child. The child will also inherit from her husband.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/35422
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-35422

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