Back to search
The question

Why have scholars unanimously agreed not to affiliate the child of zina with the fornicator if he does not claim him, despite the availability of genetic analyses (DNA) that prove lineage in the present age?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The scholars have not arrived at a definitive statement regarding the attribution of a child born of adultery to the adulterer if the adulterer does not acknowledge him, whether through DNA testing or otherwise. Even if the adulterer acknowledges him, and his mother is not married to anyone, the majority opinion is that the child is not attributed to him. They have cited the consensus on the non-attribution if the adulterer does not acknowledge him, and that if the adulterer confesses to adultery without acknowledging the child, the child is not attributed to him. Al-Mawardi, Ibn Qudamah, and Ibn Abd al-Barr have stated that a child born of adultery is not attributed to the adulterer, whether he claims him or denies him. The basis of this ruling is that lineage is not solely a right of the child; rather, it is a right of the father and a right of Allah Almighty, and it is established by a valid marriage or what is considered as such, not by adultery. "The child is for the bed, and for the adulterer is the stone," meaning the adulterer has no share in the lineage, and its denial is a right of the Divine Law.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
190432
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy