She became Muslim after having an illegitimate pregnancy aborted; will Allah forgive her and will she meet her child in Paradise?

A sister embraced islam after being raised as an athiest. at age 17 during her state of jahiliyya, she had an abortion and terminated her pregnancy, due to abuse and pressure on the part of her former partner. The termination took place approx 49weeks into pregnancy.
InshaaAllah, the sister has been forgiven by Allah SWT for this because she was not aware of Islam and had not been guided at this time.
The sister deeply regrets and feels saddened by this. She would like to know,from an islamic perspective what happened to that foetus, if it was considered a life at that stage or not, and on yeomal qiyyamah will there be any consequence for that action, any scenario which will occur. and if the sister is granted jannah, and we ask Allah to grant us all this honour, will she ever have a chance to have this child or will this be something which has been erased by Allah in this life and in the hereafter?.

Praise be to Allaah.

Firstly:

Zina (fornication or adultery) is forbidden and is a crime according to all divinely revealed laws. It is abhorrent and is rejected by anyone with sound reasoning, even if he is not Muslim. Allah, may He be glorified and exalted, has criticised the one who does it in many verses and in many Prophetic hadeeths, and He has warned the one who does it of severe punishment in this world and in the Hereafter. For more information please see the answer to question no. 97884  Continue reading

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

She wants to raise an illegitimate child with her sons

In the event that a sister dies leaving a female child, who has no other muslim relatives and father has no rights because child was born out of wedlock, although the mother of this child, became muslim.
Is it permissable for a married sister with all sons to care for the child as her own, with the approval of her husband.

Praise be to Allaah.

This child is illegitimate, i.e., the child of zina (adultery/fornication), and as such comes under the rulings on foundlings (laqeet), so long as his or her mother has died. It is a form of kindness to this child to keep him and look after him. If the Muslim sister takes this child in with her own children and brings him up, this is an act of kindness and a righteous deed, but he will not be counted as one of her children or one of her husband’s children, rather he will be a stranger (ajnabi), unless she breastfeeds him, giving him five complete feedings, whilst he is still an infant; in that case he will become a son to her through radaa’ah (breastfeeding) and a son to her husband through radaa’ah. Her sons will also be brothers to him through radaa’ah, but there will be no rights of inheritance between them, because the relationship between them will be one of having been raised together and of kindness, or of brotherhood through radaa’ah, none of which bestows rights of inheritance between them and this child. 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

An illegitimate daughter is asking, Whose daughter am I?

I’m an illegitimate child. I was conceived before my mother became Muslim. She became Muslim a few days before my birth. My parents married when I was 10 months old. My parents got divorced 2 years ago, after I disclosed sexual abuse by him. I have used my father’s name since I was born and he has always accepted paternity of me. Do I need to change my name to my mother’s name? I am 14 year old and have five siblings, all with my father’s name. I read the answers on this site and all seemed to say that I should, but one answer by Shaykh ‘Abd-Allah ibn Jibreen seemed to say the opposite. (Question Reference Number 5967) He stated that if the father accepts paternity, it is permissible to retain his name. Please clarify this issue for me.

Praise be to Allaah.

Firstly: we confirm that the illegitimate child has nothing to do with his parents’ crime, and that he has all the same rights as any other Muslim, male or female. He must also fear Allaah so that he may become one of the people of Paradise with whom Allaah is pleased.

Secondly: the scholars differed as to whether or not the child may be attributed to his adulterous father, if the woman was not married.

What that means is: if the woman was married and had a child six months after being married, then the child should be attributed to the father, and he cannot deny the child unless he divorces his wife by means of li’aan. If a man claims that he committed zina with this woman and that this is his illegitimate child, no attention should be paid to him, according to scholarly consensus, because the Prophet (peace and blessings of Allaah be upon him) said, “The child is to be attributed to the husband and the adulterer deserves nothing.” Narrated by al-Bukhaari, 2053; Muslim, 1457.  Continue reading

Who is the guardian of an illegitimate daughter when it comes to her getting married?

A muslim man and woman had an affair and had an illegitamate child from that affair. The married woman took the child into her house and remained married to her husband. It was decided that the biological father would provide for his daughter and that she would live in the house of her mother and her mothers husband. The biological father became a very religious man and it is almost 20 years after this incident. She now lives in a house with her mother, her mother’s husband and her older half-brother and half-sister.
Who is the wali of this girl? The biological father who provided for her for 20 years, the step-father, or her older half-brother who also lives with them?.

Praise be to Allaah.

Firstly:

The scholars (may Allah have mercy on them) differed concerning the illegitimate child. Is he to be attributed to his zaani father or not? There are two opinions, which have been discussed in the answers to questions no. 33591 and 85043. The more correct view is that he should be attributed only to his mother and that he should not be attributed to the zaani.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said in Fataawa Islamiyyah (3/370):  “With regard to the child who is born as a result of zina, he is the child of his mother, not of his father, because of the general meaning of the hadeeth in which the Prophet (peace and blessings of Allaah be upon him) said: ‘The child is to be attributed to the husband and the adulterer deserves nothing’ – i.e., this is not his child. This is what the hadeeth means. If the man marries her after repenting, then the child has been conceived before marriage and repentance and is not his child; he cannot inherit from the man who committed zina even if he claims him as his child, because he is not his legitimate child.” End quote.  Continue reading

If a child is the illegitimate offspring of two kaafirs, can he be named after the zaani?

I have read your answers regarding woman taking her husbands name and i understand that is is not acceptable. I would still like to now, if it would be possible for a converted woman in that case when the woman originally has her mothers name because her parents were not married when she was born, and it is not possible for her to take her fathers name, since he is not alive anymore.

Praise be to Allaah.

Zina (adultery or fornication) is forbidden in all the laws that Allaah revealed to His Messengers, and Islam approves of the marriages of followers of other religion who did not enter Islam subject to two conditions:

1 – That it was in accordance with their own laws

2 – That they do not refer to us for judgement concerning the marriage contract.

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:

The companions of Maalik and al-Shaafa’i, and the companions of Ahmad such as al-Qaadi Abu Ya’la and Ibn ‘Aqeel, and later scholars, said that reference concerning the marriage of a kaafir should be made to their own customs. Whatever they regard as a marriage among them, it is permissible to approve of if they become Muslim and refer to us for judgement, provided there is no impediment to this marriage. But if they believed that it was not a marriage, then it is not permissible to approve of it. End quote.

Majmoo’ al-Fataawa (29/12). Continue reading

When calling an illegitimate child after his mother will cause harm

As-Salaamu Alaikum Ya noble Shaikh,
I have a question in regards to one of your answers. I have a first name followed by the first and last name of my father, unfortunately I was born out of wedlock. My mother wasn’t muslim at this time 25 years ago, but has just become muslim this year(Al hamdu lillah). My question is would I still have to change my name to my mothers first name and family name even though when she did this sin she had never heard about Islam. Wouldn’t this cause people to slander her and cause people to disrespect my mother and myself? Whatever is the right thing to do I submit to Allah Ta’ala. Please answer this question it is very important to me and my mother. May Allah bless you for teaching people the Deen you have helped me tremendously through your answers and kind words. JazakAllah Khair Wa Salaamu alaikum!

Praise be to Allaah.

In this case you do not have to call yourself after your mother so long as this will cause embarrassment and pain. It is sufficient for you to add any other names you may choose to your name, so long as you do not keep the name of the man who fathered you out of wedlock. So for example you could call yourself Ibraaheem ibn ‘Abd-Allaah ibn ‘Abd al-Rahmaan, or Yoosuf ibn ‘Abd-Allaah ibn Hammaam, and so on. May Allaah bless us and you with strength and goodness. Continue reading

Should he marry his paternal uncle’s illegitimate daughter?

My father committed adultery with my uncle’s wife. They had a daughter from this relationship. This daughter got married and has a daughter. I engaged this girl, is it Islamically permissible to marry her?.

Praise be to Allaah.

It is not permissible for the zaani (adulterer) or for any of his sons to marry his illegitimate daughter, and it is not permissible for the zaani or his sons to marry the daughter of the illegitimate daughter.

This girl is the daughter of your sister through zina, so she is not permissible for you.

Ibn Qudaamah (may Allaah have mercy on him) said: It is haraam for a man to marry his illegitimate daughter, and his illegitimate sister, and his illegitimate son’s daughter, and his illegitimate daughter’s daughter, and his brother’s or sister’s illegitimate daughter. This is the view of all fuqaha’. End quote from al-Mughni (7/91).

There is a difference of opinion concerning this issue among the scholars, but this is the vuew of the majority, and it is the most cautious view.

This does not mean that you are a mahram to this girl and that it is permissible for you to look at her or be alone with her. The fact that someone is haraam for marriage does not always mean that the person is a mahram with whom it is permissible to be alone and so on.

Ibn Qudaamah (may Allaah have mercy on him) said: What is entirely haraam, namely zina, means that a person is haraam for marriage but it does not mean that a person is a mahram or that it is permissible to look at them. End quote.

And Allaah knows best. Continue reading

Attribution of an illegitimate child and rulings that result from that

Thirty-two years ago an illegitimate child was born to a foreign kitaabi woman (i.e. Jewish or Christian woman). He is a young man of very good character and with a good heart. When he reached the age of 25, he started to look for his parents. He found his mother, and he found me, the father, a week ago. It has been proven by DNA testing that I am the father. I got married 31 years ago to a Muslim woman, and I have a daughter and two sons from her, and I have 4 grandchildren. Praise be to Allaah Who guided me, I came back to fear of Allaah and I am religiously-committed: I pray and give zakaah, and I did Hajj and ‘Umrah 3 years ago, my wife and I. I ask Allaah to guide me always and help me to repent.
I hope that you can advise me: is he a mahram for my wife and daughter? Is he a brother to my children? Should I regard him as one of the family? I hope that you can explain everything that has to do with the matter.

Praise be to Allaah.

Firstly:

We ask Allaah to pardon us and you, and to help us to repent properly and turn to Him, and to bless us with good and righteous offspring by His grace and bounty.

Remember that repentance and guidance are the best things that a person may be blessed with in this world; they are the greatest blessings that Allaah can bestow upon us. So we must be grateful to Allaah for them, and strive to renew them. The Prophet (peace and blessings of Allaah be upon him) used to pray to Allaah for forgiveness and repent to him one hundred times every day, as was narrated by Muslim (2702). Continue reading