- Is the child of adultery attributed to his father? - Does the child of adultery inherit along with legitimate siblings? - Is there a bond of kinship between the children of adultery and legitimate siblings if the father acknowledges them? - If the law recognizes the lineage of a child of adultery contrary to Islamic Sharia, what should be done?
The majority of scholars hold that the progeny of adultery is null and void, and no lineage is established through it. The child born of adultery is not affiliated with nor attributed to the adulterer, based on the hadith: "The child is for the bed, and for the adulterer is the stone." However, some scholars, such as Ishaq ibn Rahwayh, Al-Hasan al-Basri, Urwah ibn al-Zubayr, and Sulayman ibn Yasar, dissented, holding that the lineage of a child born of adultery is established if the adulterer claims paternity and no one disputes him. They argued that the context of the hadith was a dispute between the adulterer and the rightful bed owner. Accordingly, if the woman who committed adultery was married, the child is attributed to her husband, and the claim of paternity is invalid. However, if she was not married, there is a difference of opinion on the matter. If the father claims paternity, following the view of those who permit it, then the child becomes the brother of the questioner. A Muslim must refer to the law of Allah alone for judgment.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/108079
- Source platform
- Ftawy
- Original fatwa ID
- 108079
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy