Is it permissible to attribute the child of fornication to the fornicator?
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Fatwa number ( 119 )
Q: It was established that (Shaykh... ) committed an act of aggression (shouting... ) against (Abdullah... ) by forcing her to commit fornication, and she became pregnant from him and gave birth to a child named (Sa'd). Salih requested custody of the aforementioned son, and his mother agreed, and the judge of Yanbu' ruled in favor of this. The honorable judge of Yanbu' holds that the name of the father of the foundling should be (Abdullah) , and they request the issuance of a general fatwa on this matter to serve as a general rule for cases similar to this one.
A: Since this child was born from fornication, it is not valid to attribute him to the fornicator; because the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2006Sahih (Darussalam) narrated by the compilers of the Sunan and others,
and it is not valid to attribute him to the one who raised him, so that this attribution does not lead to the mixing of this attributed person with the children of the one to whom he is attributed. He is to be attributed to his mother's tribe, because he is attributed to his mother, as in the aforementioned hadith. As for naming his father Abdullah, that is permissible, for the Prophet (peace and blessings be upon him) said:Sahih Muslim 2132 narrated by Muslim from the hadith of Abdullah ibn Umar ibn al-Khattab (may Allah be pleased with them both). And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: It was established that (Shaykh... ) committed an act of aggression (shouting... ) against (Abdullah... ) by forcing her to commit fornication, and she became pregnant from him and gave birth to a child named (Sa'd). Salih requested custody of the aforementioned son, and his mother agreed, and the judge of Yanbu' ruled in favor of this. The honorable judge of Yanbu' holds that the name of the father of the foundling should be (Abdullah) , and they request the issuance of a general fatwa on this matter to serve as a general rule for cases similar to this one.
A: Since this child was born from fornication, it is not valid to attribute him to the fornicator; because 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 الحجرand it is not valid to attribute him to the one who raised him, so that this attribution does not lead to the mixing of this attributed person with the children of the one to whom he is attributed. He is to be attributed to his mother's tribe, because he is attributed to his mother, as in the aforementioned hadith. As for naming his father Abdullah, that is permissible, for the Prophet (peace and blessings be upon him) said:
The names dearest to Allah are 'Abdullah and 'Abd al-Rahman.
إن أحب أسمائكم إلى الله: عبد الله وعبد الرحمن
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.