In Islam an illegitimate child (known in Arabic as a waladuz-zinaa) is one who was born from the act of zinaa. Among the signs of Qiyaamat that are mentioned in the hadeeth, one is the increase in children born from adultery or fornication. This actually denotes increase in zinaa. Today this prediction of Allah’s Messenger (salllallahu alayhi wasallam) has come true. The events unfolding in front of our eyes bear testimony to this fact.
The rules that Shariah has devised for an illegitimate child is to make a clear distinction between the sacredness of nikah and contemptibility of zinaa. These restrictive rules will ensure that no one has carte blanche to sleep with any woman and have children from such lustful liaisons. Today “shacking up” with a woman and having children from her has become acceptable in kuffar societies. This is one of the reasons why the world is plagued with disasters every now and then. This vile and abhorrent lifestyle has found its way into our Muslim communities. The men have somehow fallen into the trap of their nafs, and the was wasa of shaytaan.
These men use the islamic rulings to their advantage by saying they’re not responsible for any maintenance or responsibility towards that child due it occurring before marriage. Its these experiences, which paints a very bad image for the Muslims, especially when its from a prominent family. The topic of an illegitimate child is hushed and life is expected to be normal.
Sisters have reached out to me to gain some clarity on this issue. I added a few points below from Mufti Siraj Desai to help one understand more on this topic inshaAllah and also realise the consequences if neglected:
The waladuz zinaa or illegitimate child will bear the name of his/her mother, not that of the biological father. This means that the lineage will only be established from the mother’s side and not from the biological father’s side.
Based on the above, none of the biological father’s family will be related to that child. The illegitimate child will, therefore, not have any paternal relatives. All relatives to this child will be maternal, i.e., from the mother’s side. Such a child will inherit from his/her mother only, and not from the biological father, nor from any relatives of such a father.
The biological father of such a child is not responsible or obliged by Shariah to provide maintenance. The mother will, therefore, have to make means to support the child. This is because maintenance of a child is the consequence of a valid nikah and/or the establishment of a valid lineage. This is not found in the case of an illegitimate
child. However, it is the moral duty of the biological father to assist the mother in maintaining such a child, since he was responsible for bringing that offspring into this world.
The difference between the two rulings must be clearly understood. While the biological father is not legally (that is, in terms of the Fiqhi rules) obliged to provide maintenance for his child, he still has moral duty to care for this offspring. The difference between the legal and moral obligations is that in the first case (a legitimate birth) the mother has recourse to a Shar’ee court to force the father to pay maintenance, while in the second case the mother has no such recourse. It is entirely up to the moral conscience of the biological father to decide to pay maintenance.
Another situation we encounter nowadays is that of a child born from a sexual liaison between a Muslim male and non Muslim female. This scenario has two developments. Muslim female embraces Islam before the birth of the illegitimate child. The other is that she does not embrace Islam and delivers the baby in the state of kufr. In both cases, the biological father is responsible for the imaan of that child.
In Islam a child follows the parent that has the better Religion . In this case, the child will be said to be a Muslim because of the Religion of the biological father. If this father decides to marry the mother of his child (of course, after she has embraced Islam) then that is permissible and will at least allow for the upbringing of that child as a Muslim. However, the child remains illegitimate, for it was born out of wedlock.
If in the above scenario the biological father refuses to marry the mother, either because she does not want to embrace Islam or just through sheer negligence or spite then he still has a duty to ensure the child grows up as a Muslim. If he abandons that child without valid, pressing reasons, allowing it to grow up in a state of kufr then he shall be held accountable for this by Allah on the Day of Judgment. (Allah Ta’ala knows best)
Exoneration of any aspect of these consequences does not mitigate the wickedness and despicability of this act.
The illegitimate child is not blameworthy or sinful in this whole saga. Allah Ta’ala states in The Holy Quran: “And one soul shall not bear the burden of another” (Surah An’aam, verse 164) This verse was quoted by Hazrat Ayesha (Radhiyallahu anhaa) to enunciate the fact that the though the act of zinaa is most abominable and revolting, the child born from that haraam dalliance is free of sin. The sin is on the shoulders of the perpetrators (i.e., the man and woman). Therefore, the Fuqaha have ruled that it is permissible for an illegitimate boy to become an Imam and lead jamaat salaah, provided he has the capabilities and there is no one better than him in the community in terms of knowledge and taqwa.
The illegitimate child is not precluded or prevented from acquiring Deeni knowledge.
The topic on illegitimate children is not spoken about, there’s no awareness for it just like polygamy.
This needs to be addressed more frequently in lectures, musjids, to make the men aware of it. By doing so, it could inshaAllah create more khauf in them and make them be more Allah- concious if the nafs tries to overpower them inshaAllah.
By not speaking about it, everyone just pushes it under the carpet and expect life to go on as normal. By speaking about it, it will also make them feel guilty of the act committed and consider making a better decision in future inshaAllah
May Allah Ta’ala protect us all from the debased sin of zinaa, and grant us pious offspring, Aameen
Checked and approved by
Mufti Siraj Desai Darul-Iftaa, Madresa Abubakr Siddeeq, Port Elizabeth
