Failure to acknowledge paternity of child
Fatwa No: 84734

  • Fatwa Date:28-8-2002 - Jumaadaa Al-Aakhir 20, 1423
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Question

What is the Fatwa for a person who knows that he has a baby that will be raised by a Christian girl in a different country and he does not even acknowledge that the child is yours?What are the consequences for my friend for 20 years who denying that his ex-wife got pregnant by him and assures her of lying that she is pregnant? Three dimensional ultrasound shows the son looks just like my friend. He recently got engaged while knowing that there might be a child involved with his ex-wife. He also abandoned his relationship with me.What kind of advice should he be given especially since he is Hajj and very religious?

Answer

Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

Shari'a takes all precautions in the matter of approving one's lineage. If there is any possibility even if it is weak to prove someone's lineage to the one who is married to his/her mother then the Shari'a considers it and approves it.
Therefore, the pregnancy of the divorcee of your friend is considered from him according to Shari'a. He is the father of that child and he is responsible for it. The Prophet (Sallallahu Alaihi wa Sallam) said: "The child is for the owner of the bed and stoning (stone) is for the person who commits an illegal sexual intercourse" [Reported by Imams al-Bukhari and Muslim ].
The above ruling is put into effect as long as it is not confirmed that the child does not belong to him. If it is confirmed that the child is not from him he has to deny it by performing "Li'aan"; its details are mentioned in Surah An-Nur [24:7-9].
Therefore, you should convince your friend that the mentioned daughter belongs to him according to Shari'a; she traces back to him, inherits from him and he inherits from her too.
Also, he is responsible for her; therefore, he should take care of her, and spend on her.
Allah knows best.

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