بســـم اللــه الرحــمــن الـرحـــيــم
✉️ Q#11
السلام عليكم أحسن الله إليك
▪️A brother from the UK is trying to be upright upon his religion after having been not practicing in the past.
Allhamduliah he has gotten much better over the last few months and has started becoming aware of seeking knowledge and Salafiyyah.
However, recently, he was contacted by a woman ( kaafira) he knew in the past who claims that's he is the father of her 3 year old child.
So the brother wants to know if she or the child has any rights upon him and how he should go about dealing with this situation ?▪️
جزاك الله خيرا
📩Answered by :
📝Ash-shaykh
Abee Abdirahman Fath Al Qadasi ( حفظه الله ورعاه)
وعليكم السلام ورحمة الله وبركاته
▪️If the child of zina (adultery) is from a Muslim woman or a kaafirah, then there is no attribution to the zaani (male fornicator)
▪️Because he lacks legislative confirmation and official evidence to support this. It's just simply attributed to his mother.
However, there is no issue with this when viewed from the angle of calling them to Islam (inviting them to Islam) and inclining their hearts toward Islam no problem with this.
And likewise, if it was decreed that this woman became Muslim. And she repented unto Allaah (عز وجل) "from indecency and zinaa. Then, if the man desired her as his wife upon the Legislation of Allaah (سبحانه وتعالى) after that so what that is
may Allaah bless you.
▪️And this child is attributed to him , what's the meaning of he is attributed? It means that he becomes his son . This matter is an issue of differences among the people of knowledge.
The majority of the scholars are on the opinion that it doesn't benefit. Rather, he remains a child to his mother. He does not have rights towards the father. Some of the scholars are on the opinion that he is attributed to his mother , who is tied to the son. They bring this with evidence.
▪️Yes, there have been some reports, but from the perspective of legislative ruling, this son is attributed to his Muslim mother or to the kaafirah if the child is a result of zina(adultery)is not connected to his father.
▪️Because he is not his legal son through (islamic) legislation
May Allaah bless you!!
▪️Unless he wants to invite them to Islaam, this is something different.
▪️He would also be rewarded if he helped the woman change her circumstances so that she becomes a Muslim, repents of her sins to Allaah (سبحانوتعالى), and does so in a sincere manner If the man then wants to marry the woman in accordance with the laws established by Allaah (سبحانه وتعالى) and His Messenger(ﷺ) he is free to do so, and the son he has with the mother is the son of his mother.
▪️Yes, is it permissible to attribute him to her in this particular situation? Like I told you, there are differences between the scholars. The majority of scholars disagree. And some of scholars agree that it's permissible to consider him as his child in this situation.
Translation by:✒️
Maktabah As-Sunniyyah
https://t.me/Maktabahassuniyyah101
