Nasihah (Advice): There is no fixed share of inheritance for an illegitimate child
Sayyiduna Amr Bin Shuaib narrates from his father who narrates from his grandfather Radhiyallahu Anhum, reports that Rasulullah Sallallahu Alayhi Wasallam said: “Any man who fornicates with a free woman, or a slave woman, then the child born from Zina does not inherit, nor is it inherited from.” (Tirmidhi)
Note: Whilst an illegitimate child does not inherit a fixed share of inheritance, one can make a bequest up to one third of the estate to such a child. Gifts can also be given to such a child during one’s lifetime.
Question and Answer:
- Assalamu alaykum mufti sab there is this Muslim guy who was making zina with a certain woman untill she become pregnant and has a child now(bursted) tho she has other children from her previous marriage so now can the father of the zina child marry any of her children is it permissible in sharia? Wassalam
(Question published as received)
- In principle, if a man commits adultery with a woman, it becomes Haraam for him to marry any of her ascendants or descendants and vice versa. As such, it is Haraam for a man who has committed adultery with a woman to marry her daughter from a previous marriage.
Note: Just as it is forbidden to marry the ascendants and descendants of one’s spouse through marriage, the same rule applies to an adulterous relationship. (Hindiyyah 1/274)
And Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
Mufti Ebrahim Desai
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)