بســـم اللــه الرحــمــن الـرحـــيــم
◾Can a child who is born out of wedlock be ascribed to the father, if the father is known beyond doubt?◾
Our Shaykh, Muhammad ibn Hizaam – may Allaah preserve him – was asked the following question:
Is it permissible for a child who is born out of wedlock to be attributed to the man that had unlawful relations with the mother, if it’s absolutely certain that the child belongs to him?
Yes, this is the strongest scholarly views; if there is no dispute over who’s child it is, and the man claims the child and attributes him to himself with sure knowledge and certainty that the child belongs to him, then yes the child may be attributed to him.
This was the position chosen by Shaykhul Islam ibn Taymiyyah and ibnul Qayyim, and this is the correct position regarding this matter; that although the child was born out of wedlock (Zina) -and Zina is Haraam upon men and women alike- so just as the child is attributed to its biological mother, similarly when the it becomes clear that the child belongs to a particular man it is also attributed to him; the child resulted from Haraam, and this Haraam is from both sides; the father as well as the mother, so just as the child is attributed to the mother, it may also be attributed to the father, provided there’s no other claimants (and the child is certainly his).
Shaykhul Islam ibn Taymiyyah and likewise Ibn Qayyim justified their stance using the Hadeeth of the devout worshipper; Jurayj, when he was accused of Zina, Allah enabled the new born baby to speak, and when the baby was asked who its father was, it said, “My father is (so and so), the Shepard.” Thus, parenthood was affirmed for the fornicator.
As for what relates to the Hadeeth, ‘’The child is for (the owner of) the bed, and stoning is (the penalty) for adultery”, this applies when there’s a dispute between the woman and her legitimate husband as to who the biological father of the child is. In which case, the husband being the owner of the bed has more right over the child if he claims that it’s his child.
Abu Ibrahim Nassir bin Rashid Al-maamry
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