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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Children from an Unlawful Marriage, and Marrying One Who Raised You

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Question:
What is the Shari'ah position regarding a man who was raised by his mother's slave girl when he was six years old, and when he grew up, he married her in an unlawful marriage against her will, so she became pregnant with him and gave birth to a son? Is the son considered his son? Is it permissible for his father to disown him after the son's death? Is it permissible for his father to deny the rights of the deceased's children, who are considered his grandchildren? Is it permissible for this father to differentiate in treatment between the deceased's children and the children of his other sons? And what are the consequences of this, despite the fact that I have been exhausted from demanding my right, but the situation was met with indifference? I ask you to inform me of what I have clarified to your eminence. May Allah reward you with good.

Answer:
The nursemaid does not become forbidden to the one she raised if there is no breastfeeding or blood relation between them: such as a slave maid, or a non-slave maid, who raised him and treated him well; because she is hired or volunteering: like his cousin's daughter, or his maternal uncle's daughter, or a stranger who raised a person, then he grew up and married her; there is no harm in that. But his marrying her in an unlawful marriage through fornication or without a lawful guardian; this is not permissible. What is called: a marriage, this is called: fornication, or it is called: a defective contract, or it is called: an arrogance against Allah, and a playing with the religion.
So the result is that the one who took the maid who raised him, and she did not breastfeed him but raised him, who transgressed against her through fornication or an unlawful marriage; this is not permissible. But it differs:
If it was a marriage that he thought was lawful, then his children are attributed to him; the children are ascribed to him.
But if it was fornication, they are not attributed to him, and they are not ascribed to him, rather they are ascribed to their mother, and it is not permissible to acknowledge him as his son; because it is through the path of fornication.
But if it was through the path of marriage, but it was an unlawful marriage; such as someone who is not her guardian married her, and they thought it was valid in that -as exists in some countries- then this becomes an unlawful marriage, and it becomes a defective marriage, and the children are attributed to him, attributed to their father.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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