What is the detail Shar'i ruling with regards to an illegitimate child. Does the father have any rights. Is maintenance compulsory on the father.
Question
The father is offering maintenance for his illegitimate child. Hence he desires to see the child regularly. The mother of the child refuses to allow him to see the child.
Answer
In principle, an illegitimate child is attributed to the mother only. Granting the biological father rights and responsibility of maintenance will be showing complacency to the illicit and Haraam act of Zina.
However, the mother may accept the maintenance given by the father and she may also allow him visitation to his biological child.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
- Answered by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/1352
Fatawa SA: https://fatawa.co.za/fatwa/askimam-1352