The child born after li'an is attributed to his maternal grandfather
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Fatwa number ( 17910 )
Q: I have previously married my sister about twenty years ago when I was young. She soon became pregnant with a boy. Allah knows whether he was from him or from someone else, but what happened is that the man denied that the boy was his. The Shari'ah court was informed of this, and the well-known Shari'ah ruling for such cases was applied, which is the oath and the mutual oath-swearing in an accusation of adultery (li'an), and their matter ended with that. However, the question is: the aforementioned boy who was born to my sister
adopted by my father and attributed to him. Through this act, he became my brother, my mother's brother, my children's uncle, and my maternal uncles' maternal uncle. All of this was due to a good deed by the father, in that he did not hand him over to social care, and that he would earn the reward of sponsoring an orphan. But now the child has grown up and become a young man, and the father registered him in the family record and issued him an identity card as mentioned above, so that he is now called by my father's name. Many people do not know that he is not of his lineage and that he was attributed to him through the impermissible act of adoption. As we all know, Islam has forbidden adoption for Muslims. Therefore, I hope you will kindly guide us to the correct, Shari'ah-compliant, and legal way to rectify the family's situation and protect it from the mixing of lineages. I have daughters and sons, and I tell them that the aforementioned child has no relation to them, but they find this strange, as they know he is called by the same father I am called by, and the same tribe I belong to. At that point, I become confused in my affair, and I am still alive, as is my father. What if we pass away and these young ones come who do not know the truth and consider him and his descendants to be prohibited relatives, when in fact they have no relation to them? Please inform us, may Allah reward you.
A: This child is attributed to his mother, and your father is considered his maternal grandfather. It is not permissible to attribute him to himself as a son from his own lineage, due to the harms that result from that.
You are considered his maternal uncle, and your children are considered strangers to him. The legal procedures should be reviewed by the competent authorities to be amended. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have previously married my sister about twenty years ago when I was young. She soon became pregnant with a boy. Allah knows whether he was from him or from someone else, but what happened is that the man denied that the boy was his. The Shari'ah court was informed of this, and the well-known Shari'ah ruling for such cases was applied, which is the oath and the mutual oath-swearing in an accusation of adultery (li'an), and their matter ended with that. However, the question is: the aforementioned boy who was born to my sister
adopted by my father and attributed to him. Through this act, he became my brother, my mother's brother, my children's uncle, and my maternal uncles' maternal uncle. All of this was due to a good deed by the father, in that he did not hand him over to social care, and that he would earn the reward of sponsoring an orphan. But now the child has grown up and become a young man, and the father registered him in the family record and issued him an identity card as mentioned above, so that he is now called by my father's name. Many people do not know that he is not of his lineage and that he was attributed to him through the impermissible act of adoption. As we all know, Islam has forbidden adoption for Muslims. Therefore, I hope you will kindly guide us to the correct, Shari'ah-compliant, and legal way to rectify the family's situation and protect it from the mixing of lineages. I have daughters and sons, and I tell them that the aforementioned child has no relation to them, but they find this strange, as they know he is called by the same father I am called by, and the same tribe I belong to. At that point, I become confused in my affair, and I am still alive, as is my father. What if we pass away and these young ones come who do not know the truth and consider him and his descendants to be prohibited relatives, when in fact they have no relation to them? Please inform us, may Allah reward you.
A: This child is attributed to his mother, and your father is considered his maternal grandfather. It is not permissible to attribute him to himself as a son from his own lineage, due to the harms that result from that.
You are considered his maternal uncle, and your children are considered strangers to him. The legal procedures should be reviewed by the competent authorities to be amended. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.