If a Muslim commits zina with a disbeliever, to whom does custody belong?
Machine translationRead the Arabic original
The questioner : If a Muslim commits zina with a disbelieving woman, does custody belong to the woman, or does the Muslim man follow her with the child?
The Shaykh : No, a disbelieving woman has no custody over a Muslim. However, the well-known view among the majority of scholars is that this child is not attributed to his father as a child of zina. Consequently, he has no father to take custody of him.
The presenter : Good.
The Shaykh : And I am not surrounded by it.
The presenter : Nor by the woman, nor by the woman, meaning
The Shaykh : He is not attributed to the woman; it is necessary, it is necessary for him to have a mother, yes.
The presenter : But if he is attributed to him, O Shaykh, does that require the custodian?
The Shaykh : That she should nurse them? And she is a disbeliever, and no. Now, according to the view of the majority, this man has no father; he has a mother, and his mother is a disbeliever. So he is ruled to be a disbeliever following his mother, and she nurses him just as she nurses her other children.
The Shaykh : No, a disbelieving woman has no custody over a Muslim. However, the well-known view among the majority of scholars is that this child is not attributed to his father as a child of zina. Consequently, he has no father to take custody of him.
The presenter : Good.
The Shaykh : And I am not surrounded by it.
The presenter : Nor by the woman, nor by the woman, meaning
The Shaykh : He is not attributed to the woman; it is necessary, it is necessary for him to have a mother, yes.
The presenter : But if he is attributed to him, O Shaykh, does that require the custodian?
The Shaykh : That she should nurse them? And she is a disbeliever, and no. Now, according to the view of the majority, this man has no father; he has a mother, and his mother is a disbeliever. So he is ruled to be a disbeliever following his mother, and she nurses him just as she nurses her other children.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1257 - 4600 إذا زنى مسلم بكافرة لمن تكون الحضانة؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
