Why is the opinion of scholars who permit attributing the child of fornication to his biological father, in order to preserve lineages and conceal the child's circumstances, and to avoid the negative consequences of attributing him to his mother, which include the mixing of lineages, the child's defamation, parental disobedience, social ostracism, deprivation, and discrimination, all of which may lead him to deviance, not adopted?
This is a summary of how to deal with the problems of an illegitimate child. His marriage to his paternal half-sister is out of the question because his lineage to his biological father is not legally established, and caution should be exercised. The publicizing of his lineage to his mother is due to the transgression of the mother and the fornicator. He can be attributed to "Abdullah" or "Abdul Rahman" and the like, to remove embarrassment from him. The possibility of him falling into vice is like anyone else, and his mother's mistake may be a lesson for him. As for people not dealing with him, that is not permissible; rather, he should be treated like anyone else. There is no objection to adopting the view of the majority who forbid attributing an illegitimate child to someone who claims to be his father, based on the saying of the Prophet, peace and blessings be upon him: "If he is from a slave woman he does not own or a free woman with whom he committed adultery, then he is not attributed to him and does not inherit from him." (Narrated by Ahmad), and because attributing him to him is an invitation to adultery. This indicates the heinousness of the crime of adultery. However, if a ruler or a scholar adopts the view of those who permit attributing an illegitimate child to whoever claims him, there is no objection.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/92241