If a man denies the paternity of his wife's child, should he resort to medical tests?
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The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
Your Eminence, a man and his mother claim their lineage to his father, but the father denies this son. Does conducting medical tests in a hospital between the father and the son prove the son's lineage to the father?
The Shaykh : By Allah, my brother, this is a matter for the judge, because the issue is not trivial. If he claims that she is not his son, then either he is accusing her of adultery or he is claiming that she was defiled through a doubtful relationship. In any case, the mutual oath-swearing in an accusation of adultery (li'an) must be carried out between him and the wife.
The questioner : And conducting tests in the hospital
The Shaykh : is of no use at all. They must go to the court; that is, this cannot be resolved except by a Shari'ah judge.
The questioner : That is, the judge
The Shaykh : First, it must be 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 It seems he wanted to ask what the reason is. Perhaps the man had some discomfort in his heart regarding his wife or an accusation. That is, the question here could mean that he asked the Messenger of Allah (peace and blessings be upon him) so that he would clarify the aspect of that to him, or it could mean that he asked the Messenger of Allah (peace and blessings be upon him) because he was suspicious of his wife. In any case, the Prophet (peace and blessings be upon him) told him, proving that it is possible and reassuring his heart, saying: Sahih al-Bukhari 1452 Because the man was a Bedouin, it appears. Sunan an-Nasa'i 3479Sahih (Darussalam) And the "awraq" is one that has a white hair and a black hair mixed, like paper, meaning silver. Musannaf Ibn Abi Shaybah 20:472 How can they be red and this one be "awraq"? He said: Perhaps it took it from a vein. That is, perhaps one of his ancestors or previous mothers had this color. Sunan an-Nasa'i 3480Sahih (Darussalam) So the man was reassured. So tell this husband, if you know him, tell him to fear Allah and not to accuse the wife of this, and the child is his child, and praise be to Allah. Even the Messenger of Allah (peace and blessings be upon him) said: Sunan Ibn Majah 2006Sahih (Darussalam) My intention is: the child belongs to the bed. Do you understand?
The questioner : But Shaykh, does the judge not rely on these tests?
The Shaykh : We do not know what the judge will do with them regarding them. But first, the first step is to tell the man: fear Allah and do not accuse the wife, and the child is your child, and there is no problem. If he insists on denying him, then it is necessary to return to the court.
Your Eminence, a man and his mother claim their lineage to his father, but the father denies this son. Does conducting medical tests in a hospital between the father and the son prove the son's lineage to the father?
The Shaykh : By Allah, my brother, this is a matter for the judge, because the issue is not trivial. If he claims that she is not his son, then either he is accusing her of adultery or he is claiming that she was defiled through a doubtful relationship. In any case, the mutual oath-swearing in an accusation of adultery (li'an) must be carried out between him and the wife.
The questioner : And conducting tests in the hospital
The Shaykh : is of no use at all. They must go to the court; that is, this cannot be resolved except by a Shari'ah judge.
The questioner : That is, the judge
The Shaykh : First, it must be 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
A man came to the Messenger of Allah (peace and blessings be upon him and his family) and said: O Messenger of Allah, my wife gave birth to a black boy.
أن رجلا جاء إلى الرسول صلى الله عليه وعلى آله وسلم وقال يا رسول الله إن امرأتي ولدت غلاما أسودHave you got camels?
هل لك من إبلHe said: 'Yes.' He said: 'What color are they?' He said: 'Red.' He said: 'Are there any gray ones among them?'
قال: نعم قال: ما ألوانها قال: حمر قال: هل فيها من أورقHe said: Yes. He said: Where did it come from?
قال: نعم قال: من أين أتاه؟Perhaps this is also hereditary.
قال: فابنك هذا لعله نزعه عرقThe child is for the bed (i.e., belongs to the husband) and the fornicator gets nothing!
الولد للفراش وللعاهر الحجرThe questioner : But Shaykh, does the judge not rely on these tests?
The Shaykh : We do not know what the judge will do with them regarding them. But first, the first step is to tell the man: fear Allah and do not accuse the wife, and the child is your child, and there is no problem. If he insists on denying him, then it is necessary to return to the court.