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Marriage and Breastfeeding / The adulterer admits to paternity of his illegitimate child.

The adulterer admits to paternity of his illegitimate child.

date de publication : 2014-07-04 | Vues : 3497
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If an adulterer admits that the child resulting from his adultery is his own, can the illegitimate child be attributed to him?

استلحاق الزاني ولده من الزنا

All praise is due to Allah alone, and may the Salah and Salam of Allah be upon our Prophet Muhammad, his family and his companions. To answer your question, we say while seeking all the success from Allah: The scholars are in agreement that if a female adulterer is married then the child she delivers cannot be attributed to anyone but her husband except in the case where the husband denies that the child is his. In this case, the child is attributed to the mother based on the Hadith of Aisha (may Allah be pleased her) who narrated that the Prophet (may the Salah and Salam of Allah be upon him) said: “The child belongs to the bed and the stone is for the adulterer” Reported by al-Bukhari (2053) and Muslim (1457), meaning that the child that the woman delivers is the child of her husband, and nothing but punishment is for the man who committed adultery with the married woman. The consensus on this ruling was reported by Ibn ‘Abdil Bar in his book al-Tamheed (8/183).   However, if the female adulterer is unmarried, and became pregnant from adultery, then the majority of scholars do not attribute the child to the male adulterer. The evidence upon which they rely to conclude their ruling is the statement of the Prophet (may the Salah and Salam of Allah be upon him) wherein he said ‘the stone is for the adulterer’, wherein he entitled the male adulterer to nothing (he has no right in the child). A group of scholars such as al-Hasan [al-Basri], Ibn Sireen, al-Nakha’i and Is-haaq and Shaykhul Islam Ibn Taymiyyah held the view that if the male adulterer admits that the child is his, then the child is attributed to him. The evidence they relied on is that ‘Umar ibn al-Khattab (may Allah be pleased with him) attributed every child who came from an illegitimate relation during the pre-Islam time period to the one who admitted that they are their own children. Reported by Imam Malik in his Muwatta (2/740) In response to the view of the majority of scholars, they said that the hadith of ‘Aisha (may Allah be pleased with her) concerns married women, which is, in fact, a very much valid understanding.

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