If the zaani (fornicator) admits to paternity of his illegitimate child, should the child be attributed to him?

My father accepted Islam before my birth but my claims he did not have the correct understanding of the deen and was not practicing, him and my mother were not married nor was my mother Muslim when they had me so I was born as a result of zina. My question is that since my father recognizes me as his child and he is the only male muslim in my family does that make him my wali? And if not is the choice mines to appoint whom I like to handle my affairs?.

Praise be to Allaah.

If the zaani acknowledges and admits paternity of his illegitimate child, should the child be attributed to him and regarded as a legitimate child of his, with all the attendant rulings on parents and offspring, or not?

There is a difference of opinion among the scholars concerning this issue.

The majority of scholars are of the view that the illegitimate child is not to be attributed to the zaani, even if he acknowledges him and wants to attribute the child to himself; rather the child is to be attributed to his mother only.

Some of the scholars are of the view that if the zaani wants to attribute his illegitimate child to himself, then the child should be attributed to him. This is also the view of some of the salaf (early generations) and was narrated from Imam Abu Haneefah.

This difference of opinion has been discussed previously in the answer to question no. 33591

The view that the illegitimate child is to be attributed to the zaani if he wants to acknowledge him and if the mother was not married to any other man, is more correct, and Allah knows best. It was the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) and his student Ibn al-Qayyim. See: al-Ikhtiyaaraat al-Fiqhiyyah (p. 477) and Zaad al-Ma‘aad (5/374). Continue reading

Marrying an atheist woman who became Muslim, then apostacized

Can a Muslim man marry a former Muslim woman who is now a Christian? For example: An agnostic woman converts to Islam and after a couple weeks decides she has too many doubts to consider herself a Muslim and stops practicing. However, she later accepts Monotheistic Christianity (believing in one God and NOT believing in the trinity.) Is it permissible for a Muslim man to marry her as a Christian (Person of the Book), even though technically she is an apostate from Islam?.

Praise be to Allaah.

First:

It is permissible to marry women from among the People of the Book. Allah says (what means):

“And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you” (Quran 5:5)

Ibn Qudamah (may Allah have mercy on him) said: “There is no dispute between the people of knowledge, praise be to Allah, concerning the permissibility of marrying the free women from among the People of the Book. Of those from whom this is narrated are: ’Omar, ‘Othman, Talhah, Huthaifah, Salman, Jabir and others. Ibn al Munthir said: It is not correct that any of the earlier (scholars) prohibited this.” End quote, al-Mughni (7:500)

2. If a woman accepts Islam then apostates to the Jewish or Christian religion, she must be asked to repent; if she repents and returns to Islam, then all praise is for Allah, otherwise she is an apostate and all the rules which apply to apostates apply to her as agreed upon by the scholars (may Allah have mercy on them). See the answer to question 14231.

Therefore, it is necessary to advise this woman and remove any doubts, if she has doubts. This task should be undertaken by specialists from among the people of knowledge. If she insists on her apostasy, it is not lawful for a Muslim to marry her since marriage to an apostate is not valid by consensus. Continue reading

She ran away from her family’s home and married a Christian; is she entitled to a share of her father’s estate?

My younger sister ran away from the family home when she was sixteen years old. My parents tried very hard to convince her to come back, but she refused and said that she no longer wanted to be part of this family. There has been very little contact between us and her during the last twenty years. Now my father has died. 
1. Is my sister entitled to a share of what my father left behind?
2. Is there anything wrong with her marrying a Christian man and saying that her children are free to choose between Islam and Christianity?.

Praise be to Allaah.

Firstly:

The factors that determine whether one person inherits from another are three: blood ties (kinship), marriage and wala’ (relationship between a freed slave and his former master). And the impediments to inheritance are three: being a slave, being the murderer of the deceased, and being of different religions. The fact that your sister ran away from the family home does not alter the fact that she is the daughter of your parents. This means that she comes under the heading of kinship by virtue of which she is entitled to inherit from them so long as she has not apostatised from Islam.

The fact that she ran away from the family home does not deprive her of her right to inherit from your father, even if she has stayed away from her parents’ home for a long time. And we do not know of any difference of scholarly opinion concerning that.  Continue reading

He committed zina with his daughter so his sons threw him out and disowned him

What will be the punishment applicable on that person who did zina with her daughter while his wife is alive?
due to zina with his daughter,his sons threw away from the home and not sponsoring his father any more…is the act of sons threwing away their father due to commiting zina is right or not?
please give fatwa on above staatements.

Praise be to Allaah.

Undoubtedly this is a revolting and abhorrent action that is unacceptable to sound human nature and decent souls, let alone the soul of the people of Islam and faith who regard zina with a woman who is not a relative as abhorrent, so how about if it is with one who is a mahram? How about with the man’s daughter who came from his loins?

By Allah, the calamity that has befallen his sons is a great calamity and we ask Allah to help them and to grant the Muslims well-being.

Despite what this father has fallen into of degenerate behaviour, he still has a father’s right to kind treatment and upholding ties of kinship, whilst also fulfilling the duty to Allah, may He be exalted, of offering advice, denouncing the evil and preventing that from happening again in the future.  Continue reading

He told his Hindu girlfriend that he would give up his religion; what should he do?

I live in uk and there was a hindu girl i was in love with and she forced me to say that i will convert and i said ya but it was like i just said in my heart i knew i wont and i never converted and on top of that i agreed to a few things that i shouldnt but just to keep her happy but not from my heart and now i think i have made a big mistake what do i need to do now?.

Praise be to Allaah.

What you have to do is repent to Allah, may He be exalted, say the Shahaadatayn and come back to Islam, because a person becomes a kaafir the moment he says that he will apostatise in the future, or he decides to apostatise, or he says, “If such and such happens, I will apostatise,” because adhering firmly to Islam is essential, and any hesitation concerning that constitutes kufr.

An-Nawawi (may Allah have mercy on him) said: Deciding to become a kaafir in the future constitutes kufr in the present. Hesitancy about whether to commit kufr or not constitutes kufr in the present, as does making it conditional upon some future event, such as saying, “If my wealth is destroyed or if my child dies, I will become a Jew or a Christian.”  And approval of kufr is kufr. If a kaafir who wants to become Muslim asks him to prompt him to say the word of Tawheed and he does not do that, or he indicates that he should not become Muslim, or he suggests to a Muslim that he should apostatise, then he is a kaafir. Continue reading

Acceptance of righteous deeds from one who commits zina

Will Allah accept the prayer and good deeds of a person who is continually committing sin such as fornification eventhough in his/her heart the person is aware that he/she is sinning and is full of guilt and tries his/her very best not to continue committing such sin. Except for this weakness this person tries to be a good muslim e.g. never misses daily prayers, giving out time and money towards the cause of Allah, never take alcohol or other un-halal foods etc.

Praise be to Allaah.

Yes, Allaah will accept whatever righteous deeds he does, such as praying, fasting, giving charity etc., and He will also accept his repentance, as He says (interpretation of the meaning): “And He it is Who accepts repentance from His slaves, and forgives sins, and He knows what you do.” [al-Shooraa 42:25]. But there is the condition that his repentance must be sincere. Does this person truly regret what he has done? Is he indeed determined not to repeat the sin? Has he, I wonder, gotten rid of everything that may lead him to sin, such as relationships, addresses, telephone numbers, going to evil places, bad friends, movies, pictures and so on? What we believe is that if this person truly repents, he will give up this sin.

Zina is one of the worst kinds of immoral deeds. Allaah says (interpretation of the meaning): “And come not near to the unlawful sexual intercourse. Verily, it is a faahishah [i.e., anything that transgresses its limits, a great sin], and an evil way (that leads one to Hell unless Allaah forgives him).” [al-Isra’ 17:32].

Married people who commit zina (adultery) are to be punished with the worst and most severe form of punishment, which is to be stoned to death, so that every part of their bodies may feel pain just as they felt pleasure in a haraam manner even though they were not without a halaal source of pleasure (i.e., within marriage). Unmarried people who commit zinaa, and had never been married before, are to be given the maximum number of lashes prescribed in sharee’ah, which is one hundred lashes. In addition, they are subjected to the humiliation of having their punishment witnessed by a group of believers, and are to be banished for one full year from their city, the place where they committed the crime.

The punishment for those who are guilty of zinaa in Barzakh (i.e., after death and before the Day of Resurrection) is that they will be in an oven, the top of which is narrow and the bottom of which is wide. A fire will be lit under it, and they will be naked in (that oven). When the fire is lit, they will scream and rise up until they almost come out of the oven, then when the fire subsides, they will go back down into it. This is what will keep happening to them until the Hour begins. So how will their punishment be in the Fire of Hell itself?

We ask Allaah not to despise us and to accept our repentance; we ask Him to help us to do good and to avoid evil, for He is the All-Hearing, Ever-Near. Continue reading

He committed zina with a woman and wants to marry her, but her father refuses

I have more of a problem, than a question to ask. I have had a Muslim girlfriend for 2 years, but recently split up. I know that she feels the same way as me, and that we want to marry. The problem is that her parents have warned her not to contact me. If I was to tell them that I took their daughters virginity, will this give me the right to her hand in marriage. I know that it was a sin to do this, but I wasa doing it before I converted to Islam. Now she says that she must obey her family, but i’m so desperate to be with her (for the right reasons) and take her as my wife. In the country where she is from, there are ‘religous police’ if we had intercourse in her country, then they’d make us marry, but we don it in the UK, does this matter? Please help me, i’m in total dispear at this situation. I will do anything to allow her to become my wife. 

Praise be to Allaah.

You must hasten to repent to Allaah from this evil action and major sin, and to ask for forgiveness and do a lot of righteous deeds so that Allaah may forgive you. With regard to the girl with whom you committed zina, it is not permissible for you to marry her unless you both repent to Allaah, it is clear that she is not pregnant and her legal guardian consents to your marrying her. Otherwise, look for a chaste girl and remember how grave your sin was. May Allaah forgive us and you. Continue reading

Will an adulterer be deprived of al-hoor al-‘ayn? What is the meaning of the hadeeth “Whoever commits adultery, the same will be done to him (i.e., his womenfolk)”?

If a man commits zina then repents, will he be deprived of al-hoor al-‘ayn in the Hereafter? And what is the meaning of the phrase “the same will be done to him (i.e., his womenfolk), even within the walls of his house?” If that refers to his mahrams.

Praise be to Allaah.

If an adulterer or anyone else who has committed a sin repents sincerely, Allaah will accept his repentance and expiate for his bad deeds, as is indicated by a great deal of evidence in the Qur’aan and Sunnah. For example, Allaah says (interpretation of the meaning):

“Say: O ‘Ibaadi (My slaves) who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all sins. Truly, He is Oft-Forgiving, Most Merciful”
[al-Zumar 39:53]

Indeed, if his repentance is good, his bad deeds may be replaced with good, by the immense grace and mercy of Allaah, as Allaah says (interpretation of the meaning):

“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.

The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;

Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft-Forgiving, Most Merciful”

[al-Furqaan 25:68-70]

What is implied by the forgiveness of Allaah and His acceptance of repentance is that He will not punish him.  Continue reading

Ruling on illegitimate children

Can an illegitimate person enter Paradise if he obeys Allaah? Is there any sin on him or not?

An illegitimate child does not bear any sin because of his parents’ having committed the sin of zinaa (unlawful sexual intercourse), because that was not of his doing. They bear their own sin, because Allaah says (interpretation of the meanings):

“… He gets reward for that (good) which he has earned, and he is punished for that (evil) which he has earned…” [al-Baqarah 2:286]

“… no bearer of burdens shall bear the burden of another…” [al-An’aam 6:164]

With regard to his ultimate destiny, the illegitimate person is like anyone else: if he obeys Allaah and does righteous deeds, and dies as a Muslim, then Paradise will be his; if he disobeys Allaah and dies as a kaafir, then he will be one of the people of Hell. If he mixes righteous deeds and bad deeds, and dies as a Muslim, then his fate is up to Allaah: if He wills, He will forgive him, if He wills, He will punish him, and his eventual admission to Paradise will be by the Grace and Mercy of Allaah. As for the hadeeth which says that an illegitimate person will not enter Paradise, this is a fabrication (falsely attributed to the Prophet SAWS (peace and blessings of Allaah be upon him)). And Allaah knows best. Continue reading

He hired a woman to serve him then he agreed with her that she would be his slave

Few years back, I needed a slave for comfort and support and to fulfill my jobs, I was able to pay the slave what they wanted and to comfort them too on their conditions. There was a Young Lady who agreed, on our conditions. My slave was only there when I needed her a bit like part employment she came over when I needed her and went away when not needed. We made a contract that she would serve me because she agreed and I agreed with my side.
Hence, this young lady still lives in her parents home and is not marries she agreed I be her master so it gives me the rights to touch her and look at her. We spent a lot of time together and I freed her from the contracts then got married together.
The point is that we get slaves from war time, but when will that come? Here she had agreed. And look after with the same standard of mine
Is there any haram element in this situation because the master only touched someone he owned, so this cannot be zinna.
-I would like to know the equities of slaves too
-How to you own a slave and what is the sharee condition?
-Can the master and slave have bodily contact and to what extent?
-Is there an age difference limit, i.e. they both can’t be same age?
-Can this kept secret or does everyone HAVE TO know?
-What is the minimum age the master and slave can be?
-IS SLAVES ARE ONLY AVAILABLE AT WAR-TIME, , IS THERE ANOTHER WAS OF OWNING A SLAVE?
Is it true our prophet (pbuh) owned many slaves, and called one ship?

Praise be to Allaah.

Some of the questions are repeated and interconnected. We will answer them all – in sha Allaah – in the following points.

Firstly:

What you did with the servant woman is haraam and is not permissible. A servant woman is not a slave woman whom it is permissible to touch and have intercourse with. A servant woman is free and is not permissible for you except through marriage, which is what you did, but unfortunately you did it late.

The contract that existed between you and the servant woman was a contract of employment, which was to serve you in your house. It was not a contract that permitted you to have intercourse with her. You say that she agreed that you would be her master and she let you touch her and look at her, and that you freed her from the contract, but this has no basis of validity in sharee’ah in the sense that you refer to. A free woman cannot become a slave unless she is a kaafir woman from a state that is at war with the Muslims and the Muslims have captured her. This does not apply in the case which you are asking about.  Continue reading