What should the divorced sister do after giving birth to an illegitimate child from a married man who denied paternity? Is she entitled to report it to the authorities to prove the child's paternity through DNA testing? And will the law be on her side?
The child of zina (fornication/adultery) is not attributed to the fornicator, but rather to his mother, according to the majority of jurists, and this is the fatwa we follow. The mother is responsible for his care and maintenance. He can be attributed generally to alleviate embarrassment. However, if zina occurs during a revocable divorce (iddah), the child is attributed to her husband. The man who committed zina with her has no right to demand DNA tests to prove paternity, because the child is not legally his according to the majority.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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