The child of the fornicator: is he attributed to his known father?
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Fatwa number ( 14063 )
Q: Many lost young Muslim men who work in France surround a woman and cohabit with her in a forbidden manner, and she bears children from him. Then he repents to Allah. What is the ruling on his five children whom his wife bore through fornication without a valid Islamic contract? Are they attributed to him by lineage, and is he considered their father in the Shari'ah? It is known that they are of his seed through fornication, not through marriage, and the woman considered him her husband as long as she accepted him and was pleased with him, and the man-made law protects the vice as long as the matter is with her consent.
A: The children a man fathers before the marriage contract are not attributed to him, but rather to their mother; because it is established that the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2006Sahih (Darussalam) . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Many lost young Muslim men who work in France surround a woman and cohabit with her in a forbidden manner, and she bears children from him. Then he repents to Allah. What is the ruling on his five children whom his wife bore through fornication without a valid Islamic contract? Are they attributed to him by lineage, and is he considered their father in the Shari'ah? It is known that they are of his seed through fornication, not through marriage, and the woman considered him her husband as long as she accepted him and was pleased with him, and the man-made law protects the vice as long as the matter is with her consent.
A: The children a man fathers before the marriage contract are not attributed to him, but rather to their mother; because it is established that the Prophet (peace and blessings be upon him) said:
The child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!
الولد للفراش وللعاهر الحجر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
