Denial of a child when he has not performed li'an with his wife
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The second question of Fatwa No. ( 15031 )
Q2: We present to Your Eminence the matter submitted by the one named: (A. S. M. B.), who states that he has a brother named: (D. S. M. B.) who passed away to the presence of his Lord about a month ago. He had married a woman ten years ago, and she became pregnant while under his roof, giving birth to a son. After the birth, he immediately divorced her and disavowed the child, saying: "He is not my son." He remained alive throughout all our discussions on the matter
saying: "I will not accept a son who is not mine." He did not register him with him in the civil registry, nor did he include this son among the heirs of his deceased brother. His deceased brother (D) did not perform li'an with his wife during his lifetime, nor did he take the matter to the Sharia court. The son is now with his maternal grandfather, who requests guidance on what is required by the Sharia regarding this child. We hope Your Eminence, may Allah preserve you, will provide what the Sharia requires in this matter. We ask Allah to preserve you, prolong your life, and grant you His care and success. Peace be upon you, and the mercy of Allah and His blessings.
A2: The aforementioned child is attributed to the aforementioned husband because he did not perform li'an with the wife during his lifetime. And he (peace and blessings be upon him) said:Sunan Ibn Majah 2006Sahih (Darussalam) The story of 'Abd ibn Zam'a and the claim of Sa'd ibn Abi Waqqas is not hidden from his eminence, and it is an explicit text on the matter. And Allah knows best. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: We present to Your Eminence the matter submitted by the one named: (A. S. M. B.), who states that he has a brother named: (D. S. M. B.) who passed away to the presence of his Lord about a month ago. He had married a woman ten years ago, and she became pregnant while under his roof, giving birth to a son. After the birth, he immediately divorced her and disavowed the child, saying: "He is not my son." He remained alive throughout all our discussions on the matter
saying: "I will not accept a son who is not mine." He did not register him with him in the civil registry, nor did he include this son among the heirs of his deceased brother. His deceased brother (D) did not perform li'an with his wife during his lifetime, nor did he take the matter to the Sharia court. The son is now with his maternal grandfather, who requests guidance on what is required by the Sharia regarding this child. We hope Your Eminence, may Allah preserve you, will provide what the Sharia requires in this matter. We ask Allah to preserve you, prolong your life, and grant you His care and success. Peace be upon you, and the mercy of Allah and His blessings.
A2: The aforementioned child is attributed to the aforementioned husband because he did not perform li'an with the wife during his lifetime. And he (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.