Does the father of an illegitimate child have any rights?
Question
Assalamualaikum
Duaa all is well
Does the father of an illegitimate child have any rights?
If he does, what are they?
Can the mother not allow the father into the child's life?
The man and wife to whom the child was born are not married.
Please advise.
Jazakallah.
Answer
Assalamu alaykum warahmatullahi wabarakatuh
The lineage and responsibility of an illegitimate child will be attributed to the mother. The biological father has no rights to the extent the if the child passes away the biological father will not inherit from him and if the biological father passes away the child will also not inherit.
The mother should look at the best interest of the child. The child is innocent and the mistake is that of the parents. They should not make the child suffer due to their wrong doings. If it is in the interest of the child to be part of the father's life then she should not prevent him and if it is harmful for him to be in contact with his biological father then she should not allow it.
And Allah Ta'ala knows best
Checked and Approved by,
Mufti Ebrahim Desai
(2020-04-26)
- Checked & approved 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/44401
Fatawa SA: https://fatawa.co.za/fatwa/askimam-44401
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