The ruling on one who denies the paternity of his child
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Your Eminence! A man and his mother claim descent from his father, but the father denies this son. Is it permissible to conduct tests in the hospital between the father and the son to prove the son's paternity?
By Allah, my brother! This matter returns to the judge; it is not a trivial issue. If he claims that it is not his son, then either he is accusing her of zina (unlawful sexual intercourse), or he is claiming that she was impregnated through a doubtful relationship. In any case, it is necessary to perform li'an (mutual oath-swearing) between him and the wife.
The questioner: And conducting tests in the hospital?The Shaykh: It is of no use, ever. One must go to the court, for this cannot be resolved by anyone other than a Shari'ah judge.And first: It is said to the husband: You have no right to disown the son, even if it is assumed that his color differs from yours, or the features of his face differ from the features of your face. It is not permissible to accuse the woman of this. The evidence for this is that a man came to the Messenger of Allah (peace and blessings be upon him) and said: (O Messenger of Allah! My wife gave birth to a black boy!
) As if he wanted to ask what the reason is! Perhaps the man had some discomfort regarding his wife, or an accusation, so it is possible that he asked the Messenger of Allah to clarify the matter to him. It is also possible that he asked the Messenger of Allah because he was suspicious of his wife. In any case, the Prophet (peace and blessings be upon him) said to him, proving that this is possible and reassuring his heart, saying: (Do you have any camels? — for the man appeared to be a Bedouin —He said: Yes,He said: What are their colors?He said: Red ones,He said: Are there any among them that are awraq? — and awraq is one that has a white hair,And a black hair mixed in, like the awraq, meaning: silver-colored —He said: Yes,He said: Where did it come from? —How do you say: They are red, and this one is awraq? —He said: Perhaps a vein took it —Meaning: It is possible that one of his previous fathers or mothers had this color —He said: So your son, perhaps, took a vein) , and the man was reassured.
So tell this husband — if you know him — let him fear Allah, and not accuse the wife of this. The child is his son, and praise be to Allah.Until the Messenger of Allah (peace and blessings be upon him) said: (The child belongs to the bed, and the adulteress gets the stone) meaning: if the adulterer and the husband dispute over the child,And the husband said: He is my son,And the adulterer said: He is my son, then the child belongs to the bed.
The questioner: But O Shaykh! The judge does not rely on these tests?The Shaykh: We accuse the judge. What would compel them to do so?But first, the first step: Tell the man: Fear Allah, and do not accuse the wife. The child is your son, and there is no problem with it. If he insists on denying him, then it is necessary to return to the court.
By Allah, my brother! This matter returns to the judge; it is not a trivial issue. If he claims that it is not his son, then either he is accusing her of zina (unlawful sexual intercourse), or he is claiming that she was impregnated through a doubtful relationship. In any case, it is necessary to perform li'an (mutual oath-swearing) between him and the wife.
The questioner: And conducting tests in the hospital?The Shaykh: It is of no use, ever. One must go to the court, for this cannot be resolved by anyone other than a Shari'ah judge.And first: It is said to the husband: You have no right to disown the son, even if it is assumed that his color differs from yours, or the features of his face differ from the features of your face. It is not permissible to accuse the woman of this. The evidence for this is that a man came to the Messenger of Allah (peace and blessings be upon him) and said: (O Messenger of Allah! My wife gave birth to a black boy!
) As if he wanted to ask what the reason is! Perhaps the man had some discomfort regarding his wife, or an accusation, so it is possible that he asked the Messenger of Allah to clarify the matter to him. It is also possible that he asked the Messenger of Allah because he was suspicious of his wife. In any case, the Prophet (peace and blessings be upon him) said to him, proving that this is possible and reassuring his heart, saying: (Do you have any camels? — for the man appeared to be a Bedouin —He said: Yes,He said: What are their colors?He said: Red ones,He said: Are there any among them that are awraq? — and awraq is one that has a white hair,And a black hair mixed in, like the awraq, meaning: silver-colored —He said: Yes,He said: Where did it come from? —How do you say: They are red, and this one is awraq? —He said: Perhaps a vein took it —Meaning: It is possible that one of his previous fathers or mothers had this color —He said: So your son, perhaps, took a vein) , and the man was reassured.
So tell this husband — if you know him — let him fear Allah, and not accuse the wife of this. The child is his son, and praise be to Allah.Until the Messenger of Allah (peace and blessings be upon him) said: (The child belongs to the bed, and the adulteress gets the stone) meaning: if the adulterer and the husband dispute over the child,And the husband said: He is my son,And the adulterer said: He is my son, then the child belongs to the bed.
The questioner: But O Shaykh! The judge does not rely on these tests?The Shaykh: We accuse the judge. What would compel them to do so?But first, the first step: Tell the man: Fear Allah, and do not accuse the wife. The child is your son, and there is no problem with it. If he insists on denying him, then it is necessary to return to the court.