Darul Iftaa Mahmudiyyah

Does an illegitimate child inherit from the Estate of his/her father/mother?

· 5 Dhuʻl-Qiʻdah 1421 AH1 min readFatwa 2165English

Question

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Does an illegitimate child inherit from the Estate of his/her father/mother?

Answer

According to the Shari'ah, an illegitimate child will be attributed only to the mother. (Shaami vol.23 pg.489; HM Saeed). Therefore, the child will inherit from the mother only. The biological father may make a bequest (maximum of one third of the estate after funeral expenses and debts) in favour of his illegitimate child.

From: Al Mahmood 13 Q & A from the Darul Ifta
Mufti Ebrahim Desai

Answered by
Mufti Ebrahim Desai
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Questions about this ruling, answered only from the archive with sources.

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/2165
Fatawa SA: https://fatawa.co.za/fatwa/askimam-2165

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