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Tuesday, March 18, 2014

Dought & clear, - Attributionof an illegitimate child and rulings that result from that













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Thirty-two years ago an illegitimate child was born to a foreign kitaabi woman (i.e. Jewish or Christian woman). He is a young man of very good character and with a good heart. When he reached the age of 25, he started to look for his parents. He found his mother, and he found me, the father, a week ago. It has been proven by DNA testing that I am the father. I got married 31 years ago to a Muslim woman, and I have a daughter and two sons from her, and I have 4 grandchildren. Praise be to Allaah Who guided me, I came back to fear of Allaah and I am religiously-committed: I pray and give zakaah, and I did Hajj and ‘Umrah 3 years ago, my wife and I. I ask Allaah to guide me always and help me to repent.
I hope that you can advise me: is he a mahram for my wife and daughter? Is he a brother to my children? Should I regard him as one of the family? I hope that you can explain everything that has to do with the matter.
Praise be to Allaah.
Firstly:
We ask Allaah to pardon us and you, and to help us to repent properly and turn to Him, and to bless us with good and righteous offspring by His grace and bounty.
Remember that repentance and guidance are the best things that a person may be blessed with in this world; they are the greatest blessings that Allaah can bestow upon us. So we must be grateful to Allaah for them, and strive to renew them. The Prophet (peace and blessings of Allaah be upon him) used to pray to Allaah for forgiveness and repent to him one hundred times every day, as was narrated by Muslim (2702).
Secondly:
With regard to the attribution of illegitimate children, the fuqaha’ have discussed this issue in detail and they said that one of two scenarios must apply to the woman with whom zina is committed:
1 – Either she is married, in which case any child who is born to her is to be attributed to the husband and not to anyone else, even if she is certain that he is the child of the one with whom she committed zina, unless the husband disowns the child by means of li’aan, in which case the child is not attributed to the husband, rather he is to be attributed to his mother and not to the zaani (adulterer).
2 – Or she is not married. If an unmarried woman has a child, the scholars differed as to whether the child should be attributed to his father, the zaani, or to his mother. There are two opinions, which have been discussed and the evidence for them quoted, in the answer to question no. 33591. See also the answers to questions no. 117, 2103and 3625. There it says that the correct view is that this attribution is not valid, so it is not permissible to attribute the illegitimate child to the zaani, rather he should be attributed to his mother, even if there is certainty that this child was fathered by this zaani.
It says inFataawa al-Lajnah al-Daa’imah(20/387):
The correct scholarly view is that the child is not to be attributed to the man who had intercourse with the woman, unless intercourse took place within the framework of a valid or invalid marriage or something that may be taken as a marriage contract or concubinage or something that may be taken as concubinage. In such cases, the child may be attributed to the man who had intercourse with the woman, and they may inherit from one another. But if it was a case of zina then the child cannot be attributed to the zaani. Based on that, he cannot inherit from him. End quote.
It also says inFataawa al-Lajnah al-Daa’imah(22/34):
With regard to the illegitimate child, he is to be attributed to his mother, and he comes under the same rulings as any other Muslim if his mother is a Muslim. He is not to be blamed or put to shame for his mother’s crime or the crime of the one who committed zina with her, because Allaah says (interpretation of the meaning):
“And no bearer of burdens shall bear another’s burden”
[Faatir 35:18]
End quote.
Thirdly:
It is well known that attribution of lineage affects many rulings such as rulings on breastfeeding, custody, guardianship, maintenance, inheritance, qasaas, the hadd punishment for stealing, slander, testimony etc. Because the more correct view is that the illegitimate child cannot be attributed to the zaani, none of the rulings mentioned above can be proven to apply to the father of the illegitimate child, rather many of them apply to the mother.
But the illegitimate father (the zaani) is still affected by the rulings forbidding marriage. According to the majority of scholars, the rulings forbidding marriage still apply between the illegitimate child and his father and his father’s relatives.
Ibn Qudaamah (may Allaah have mercy on him) said:
It is haraam for a man to marry his illegitimate daughter, or his illegitimate sister, or his (illegitimate) son’s daughter, or his daughter’s daughter, or his brother’s daughter, or his sister who is illegitimate. This is the view of most of the fuqaha’. End quote.
Al-Mughni(7/485).
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about an illegitimate daughter –can she marry her father?
He replied:
Praise be to Allaah. The view of the majority of scholars is that it is not permissible to marry her. This is definitely the correct view. End quote.
Majmoo’ al-Fataawa(32/134).
It says inal-Mawsoo’ah al-Fiqhiyyah(36/210):
It is haraam for a man to marry his illegitimate daughter, because of the clear meaning of the verse (interpretation of the meaning):
“Forbidden to you (for marriage) are: your mothers, your daughters…”
[al-Nisa’ 4:23]
because she is his daughter in a real sense and in linguistic terms and she was created from his water (i.e. sperm), so the illegitimate son is forbidden (in marriage) to his mother.
This is the view of the Hanafis and of the Maalikis and Hanbalis. End quote.
Fourthly:
Based on the above, it is not permissible for this illegitimate son of yours to marry your daughters, so they are his like sisters. The same applies to your wife.
But that does not mean that he is a mahram for them in the sense that they may be alone with him and take off their hijab in his presence. Prohibition of marriage does not always mean that one is a mahram in the sense that it is permissible to be alone with the person etc. This is an additional ruling which applies only to the shar’i mahrams, so attention must be paid to that.
Ibn Qudaamah (may Allaah have mercy on him) said:
Zina means that a person is forbidden in marriage, but it does not make the person a mahram or make it permissible to look (at a member of the opposite sex). End quote.
Al-Mughni(7/482).
This does not mean that you should not treat this young man kindly and strive to bring him to Islam and make him a member of the family, but he should not be attributed to his illegitimate father, and the issue of the daughters of the family observing hijab in front of him should not be taken lightly. We ask Allaah to bless you and guide you.
And Allaah knows best.









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Dought & clear, - She married the one who committed zina with her after she gave birth and the nifaas bleeding stopped













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There is a woman who got pregnant from a man, then she gave birth and when the bleeding stopped she married this person, before the end of forty days. Is their marriage contract valid or not?.
Praise be to Allaah.
Firstly:
What this woman has to do is repent to Allaah from what she has done, because zina is a grave sin, a serious crime and a great evil. The one who commits zina is warned of a severe punishment in this world and in the Hereafter, but the one who repents and mends his ways, Allaah will accept his repentance and turn his bad deeds into good deeds, as Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse __ and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68-70]
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
She must also conceal herself with the concealment of Allaah and not tell anyone about that. The Prophet (peace and blessings of Allaah be upon him) said: “Avoid these filthy things that Allaah has forbidden. Whoever has done any of them, let him conceal himself with the concealment of Allaah.”
Narrated by al-Bayhaqi and classed as saheeh by al-Albaani inSaheeh al-Jaami’(149).
Secondly:
It is not permissible for the zaani to marry the zaaniyah until after they have repented, because Allaah says (interpretation of the meaning):
“The adulterer — fornicator marries not but an adulteress — fornicatress or a Mushrikah; and the adulteress –fornicatress, none marries her except an adulterer — fornicater or a Mushrik [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely, he is either an adulterer — fornicator, or a Mushrik (polytheist, pagan or idolater). And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer — fornicator, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress)]. Such a thing is forbidden to the believers (of Islamic Monotheism)”
[al-Noor 24:3].
If they had repented to Allaah before getting married, then their marriage is valid. But if they did the marriage contract before repenting, then the marriage is not valid. This has been discussed in the answer to question no. 85335.
With regard to the marriage contract being done after the bleeding stopped but before forty days had passed, this does not affect the validity of the contract, because what she should do – according to many scholars – is wait until her ‘iddah following zina ends, then do the marriage if she wishes, even if that is within the nifaas period. Her ‘iddah ended when she gave birth.
The Standing Committee for Issuing Fatwas was asked: If a man commits zina with a woman then they get married, and after four months he repents to Allaah, is the marriage valid?
They replied: It is not permissible to marry a zaaniyah and the marriage contract with her is not valid until she repents and her ‘iddah ends.
End quote fromFataawa al-Lajnah al-Daa’imah(18/383).
To sum up: If they had repented from zina before doing the contract, then the marriage is valid. If they had not repented, then the marriage is not valid and they have to repeat the marriage contract after repenting. We ask Allaah to accept their repentance.
And Allaah knows best.








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For children, - Hatred in Islam, Diseases of the Soul













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Hatred is an emotion of intense revulsion, distaste, enmity, or antipathy for a person, thing, or phenomenon, generally attributed to a desire to avoid, restrict, remove, or destroy the hated object. Hatred is also among the most common emotions that human's experience. It can be based on fear of an object or past negative consequences of dealing with that object. Hatred is often described as the opposite of love or friendship.
Often the verb "to hate" is used casually to describe things one merely dislikes, such as a particular style of architecture, a certain climate, one's job, some particular food, or people who claim to hate something when they in fact merely dislike it.
"Hatred" is also used to describe feelings of prejudice, bigotry or condemnation against a person, or a group of people, such as racism, and intense religious or political prejudice. The term hate crime is used to designate crimes committed out of hatred in this sense.
Religion Islam has been accused unjustly of being a religion of hate by those who never made a true effort to understand even the basic teachings of Islam. We all know that ignorance is the worst enemy of the truth, and Allah (SWT) asked us to learn the truth as there is nothing after the truth except falsehood.
This then is Allah, your true Lord; and what is there after the truth but error; how are you then turned back? Noble Qur'an (10:32)
Let us present the simple truth about Islam and the Noble Qur'an that proves that Islam is not a religion of hate but rather a religion of love, tolerance, understanding, and social justice.
Many people are not aware that Islam is the religion of Prophet Abraham, not the religion of Prophet Muhammad. Prophet Abraham, being the founder of Islam, with all its beautiful and peaceful teachings and rituals, passed his religion to all the prophets who came after him, including all the Israeli prophets, Prophet Moses, Prophet Jesus and Prophet Muhammad. Those attacking Islam, out of ignorance, or deliberately, are attacking Prophet Abraham who is their prophet as much as the prophet of the Muslims.
Noble Qur'an explains clearly this fact,
And strive hard in (the way of) Allah, (such) a striving a is due to Him; He has chosen you and has not laid upon you an hardship in religion; the faith of your father Abraham; He named you Muslims before and in this, that the Messenger may be a bearer of witness to you, and you may be bearers of witness to the people... Noble Qur'an (22:78)
Abraham was neither a Jew nor a Christian but he was (an) upright (man), a Muslim, and he was not one of the polytheists. Most surely the nearest of people to Abraham are those who followed him and this Prophet and those who believe and Allah is the guardian of the believers. Noble Qur'an (3:67-68)
Then We revealed to you (O Muhammad): Follow the faith of Abraham, the upright one, and he was not of the polytheists. Noble Qur'an (16:123)
In that simple sense, how can Islam which is the religion of Abraham promote hate when it is the same religion passed down to the Jews and Christians before reaching Muslims? How can the Jews and Christians claim different standard when we are talking about the same religion with different names but all go back to Abraham.
Noble Qur'an, the final Testament, made a special mention of the relationship that controls the social and daily life with other people including but not limited to Jews and Christians. In it Noble Qur'an urges the Muslims to be loving, caring, friendly, patient, tolerant, advocates of freedom, democracy, and social justice. Islam never advocated hate or promoted it. People, who promote hate, do so on their own terms and misunderstanding. By doing so they do not represent Islam or the teachings of Islam in the scripture.
We need to remember that hate is a man made crime that we should not blame on any religion. Any claim of hate in a religion is no more than man made innovation that has nothing to do with God or His scripture. Planting hate only produces hate. Planting love, will produce love. Our God is Almighty, all loving.








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