Are the children of one who does not perform the prayer considered children of zina?
The one who abandons prayer completely is, according to the preponderant opinion, an apostate whose disbelief expels him from the fold of Islam. However, his children are not considered children of zina (fornication); rather, they are attributed to him and legally belong to him as long as he cohabited with their mother through a legitimate marriage.
Muslims are in agreement that for any marriage which the husband believed to be permissible, if he engaged in intercourse within it, then his child from it is legally attributed to him, and they inherit from each other by agreement of the Muslims. This applies even if that marriage was invalid in reality, and regardless of whether the husband was a disbeliever or a Muslim. And whoever marries a woman in a marriage that is invalid, whether its invalidity is agreed upon or disputed, or owns her through an invalid ownership, or cohabits with her believing her to be his free wife or his enslaved concubine, then his child from her is legally attributed to him, and they inherit from each other by agreement of the Muslims.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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