Tuesday, September 10, 2013

Fathwa, - Child of Zina has nothing to do with his biological father

Question
My young son was seduced by an older married woman. After 1 instance
of intercourse she became pregnant and hid away. later she made
contact with my son and allowed him to grow to love his daughter. She
also asked him for money giving sobstories. She maintained secrecy
over her identity - "Aishah". After the amounts of money and
complications became too much my son confessed to me and asked for
help. I met her, her husband, her father and her mother. First she
tried a sob story but I did not fall for it. I only offered physical
help andnot large financial sums. Then they came to my husband and I
and asked for a great amount of money to allow us to continue to see
our granddaughter. They hadbinte her to the woman'shusband. My husband
and I believe that this woman engineered this situation or tried to
take advantage of this situation and we worry for the safety of our
granddaughter - yes I know that Islamically she is not considered our
granddaughter but biologically she is. We secretly did a DNA test and
this confirms so. Can you tell us if there are any Islamic grounds for
us to claim our granddaughter? The woman's husband threatens to turn
our granddaughter into a prostitute when she is older. What can we do?
Currently we have stopped all communication but we know they are
trying to use the baby for money by putting out for TV adverts. Our
son is very hansom. Wasslams, Fatimah & Family
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
Your son must repent to Allaah The Almighty from the sin of
Zina)fornication/adultery(. Repentance has certain conditions that we
have clarified in Fatwa 86527. It is also incumbent upon him to guard
himself against every means that may lead him to commit Zina again
such as being in seclusion with a non-Mahram woman, prohibited mixing
among men and women and the like. If he has notmarried yet, we advise
and urge him to marry toprotect himself from Zinaand remain chaste and
he should be helped in this regard if he needs help. Muslim jurists
are ofthe opinion that it is obligatory to help the poor son to marry
if he needs marriage.Ibn Qudaamah)from the Hanbali school of
jurisprudence( said: "Our companions said: Thefather must keep his
son chaste if he is obliged to spend on him and if he)the son( needs
help to remain chaste )by gettingmarried(."
If that woman is married,then that girl will be attributed to her
husband because he is the owner of the bed. The DNA analysis that
youhave conducted and the resemblance between her and your son do not
count. For more benefit, kindly refer to Fataawa 122944and 84301.
Based on that, her father)the husband( will be responsible for
spending on her and taking care ofher. If he carried out what he
threatened to do, i.e. using her in prostitution or in anything which
Allaah The Almighty has prohibited, surely he will get his punishment
from Allaah The Almighty.Ibn 'Umarsaid: I heard theMessenger of
Allaahsay, "Each one of you is aguardian and is responsible for the
people under his guardianship, …..and a man is a guardian in his house
and is responsible for the people under his guardianship."]Al-Bukhaari
and Muslim[
As for your son, he has norelationship with that girl at all and it is
not obligatory upon him to spend on her. So, you should not become
attached to her for she is an unrighteous deed )of your son(. It is
not permissible for that woman )her mother( or others to exploit and
blackmail him to take money from him. In this case, he can threaten
them to refer the matter to the concerned authorities if he expects
that this will stop them doing so.
Allaah Knows best.

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