Illegitimate Child: What is the Allah's Wisdom in depriving them from Name, Love, Upbringing, Support and Inheritance of their fathers?

[Alam_dar]

Islamic slavery was cruel. 

But the cruelty of Islamic Sharia against the innocent Child (by labelling him/her to be a Bastard) is perhaps even more severe than the slavery. 

 

According to Sharia:

 

(1) This innocent child will not be able to get the name of his father, while Sharia considers him a bastard.
(2) This child cannot get the love of his father as Islam bans his father to even visit him. 
(3) In name of being bastard, this child will not be able to get any help from his father in his/her upbringing and education.
(4) Child will not get even any financial support from his father. 
(5) Child will not get any share in inheritance of his father.
(6) If child is a girl, then she is a Non-Mehram for her father and step brothers and therefore could never get the fatherly love, nor and brotherly love from her step brothers. 
(7) Islam not only separated this innocent child from his father, but then Islam also took away his mother from him by stoning  (killing) her in name of adultery.  Thus Islam also took away from this child the love and support of his mother too. Now he is totally alone to face all the hardships of this world. 

 

Human logic guides us that: 

 

(1) Firstly, if man and woman involved in sex activity with consent, then it is not a crime that should have any physical punishment. 

(2) And if you still want to punish it, then punish the man and woman only. Why Islam destroyed the life of an innocent child by declaring him "Walad-ul-Haram" (Bastard)? 

(3) Here Islam is not punishing the parents, but it is punishing the innocent child directly. 

 

These rulings came from this Hadith of Muhammad:

وَإِنْ کَانَ مِنْ أَمَةٍ لَا يَمْلِکُهَا أَوْ مِنْ حُرَّةٍ عَاهَرَ بِهَا فَإِنَّهُ لَا يَلْحَقُ وَلَا يُورَثُ وَإِنْ کَانَ الَّذِي يُدْعَی لَهُ هُوَ ادَّعَاهُ فَهُوَ وَلَدُ زِنًا لِأَهْلِ أُمِّهِ مَنْ کَانُوا حُرَّةً أَوْ أَمَةً
If he (an illegitimate child) was born to a slave woman whom his father did not own, or to a free woman with whom he committed adultery, then he cannot be named after his father, and he does not inherit from him, even if the one whom he claims as his father acknowledges him. So he is an illegitimate child who belongs to his mother's people, whoever they are, whether she is a free woman or a slave."

References:
(1) Sunnan Abu Dawud Graded as Sahih). Link.
(2) Musnad Ahmad bin Hanbal (Graded as Sahih)Link.

 

Child would still be considered "Bastard" even the mother was raped

One wonder, what could be the Divine Wisdom behind this ruling that even the mother has been raped, and she is not able to bring 4 eye witnesses, then she is first being lashed, and then her child is also labelled as illegitimate by Sharia, and then she is being forced to bear all the expenses of this child, while the man who raped her gets clean chit from the Sharia in bearing any expenses of the child. 

 

Cries of the Illegitimate daughters and sons and their fathers and mothers  

Here is one letter from a Muslim father Ali Smith(Link):

I am a muslim man since I was born alhumdulillah but I went through a rough patch in my life and I caused zinnah with a non muslim woman out of wedlock. I have now turned to Allah and have been asking for repentance. I have recently found that the person I was in a relationship with is pregnant and wants to keep the child.

My family do not know about my situation and I do not want them to know. In islam, am I allowed to not know this child and not pay child support.
-Ali Smith

 

Now look at this reply from Sister Aria:

I feel so sorry for this child who is going to be born in a world where his father does not want to be a father.
Islam is a wonderful religion teaching you about to be good, responsible,respect parents and other people, charity.......
Thinking about the last word: charity and help others. How are you ever going to be a good muslim when you do not want to provide some money for child support to your own flesh and blood.
This child is sinless even though he is born out of wedlock. Just become a mature man and learn how to be responsible not be more preocupied how to avoid to be involved in his life physically and financially or keep him away from knowing is grandparents.
If you start you life with a lie you will live in a lie your entire life.

 

Sister Vyne wrote:

I am in the boat with the woman who were not supported by the man who proposed to marry me before he pregnant me but when i got pregnant he did a lot of promises and no single penny received. The first wife knows everything but the man is not man enough to send even rhs1 to his child in me and yet so proud to be an ******* (sorry for the term). I have nothing against islam even i am apt to convert so we can marry but until now my child is almost 2yrs old,still chasing her father. What on earth we have this kind of person so inhuman and heartless for their child. I pity their souls.

 

Brother Abdulaziz wrote:

I'm a Saudi guy who has abandoned my 2 ur old son in Denver colorado. I have not sent one dollar in payment to him even when his mother asked me for it. When I left I left them homeless evicted from our apartment and I promised to send my ex money when I got backhome. However as soon as I returned my mother started getting into my head. She made me promise her not to send even 1 dollar to my son. I listen to her Bc in my religion I don't want to disobey my parents. My sons mother came to me in November and told me she couldn't get my sons u.s. Passport until I sign authorizing it. My parents said not to sign. My ex is really angry with me because now she has to go to court and spend money getting full custody of my son so she can get the passport. She wants to move to Dubai for a job opportunity that's why my son needs his passport. I told her I would sign the paper but for 5 months I just lied to her , now she's very angry with me. But just like the guy above I don't care . I made my parents happy so I feel like I did nothing wrong.

 

Sister hinaz_tears wrote:

This happens so often...i am living a simlar life...my bf left me wen our daughter was born she is almost four mashaAllah.... Bt hurts me knowing she will never get to see her real father more so her real grandparents....who knows how much longer they will be around.....

 

Sister Sarah wrote:

Hi I have had a child with a Muslim man he says because we aren't married he doesn't have to pay and he won't see his child is this what Islam says? I'm really confused I find it hard to believe

 

Sister Elle wrote:

I am an adult woman now but born out of wedlock to an Arab Muslim man that came to see me 1 time when I was 4 and abandoned me. I will tell you first hand the devastation this causing to children. I've searched for my father most of my adult life and realize now that I must accept that he did not nor does he want to be found.

 

There are tons of such stories, full of cries of these daughters and sons whom Islam claim to be illegitimate.

 

[Alam_dar]

Allah claims that illegitimate daughter/son is bigger evil and sinner than his/her parents

Unbelievable.

Sunnan Abu Dawud (link):

عَنْ أَبِي هُرَيْرَةَ، ‏‏‏‏‏‏قَالَ:‏‏‏‏ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ:‏‏‏‏ "وَلَدُ الزِّنَا شَرُّ الثَّلَاثَةِ"، ‏‏‏‏‏‏وقَالَ أَبُو هُرَيْرَةَ:‏‏‏‏ لَأَنْ أُمَتِّعَ بِسَوْطٍ فِي سَبِيلِ اللَّهِ عَزَّ وَجَلَّ أَحَبُّ إِلَيَّ مِنْ أَنْ أَعْتِقَ وَلَدَ زِنْيَةٍ.
The Prophet (peace_be_upon_him) said: The child of fornication is worst of the three (among father, mother & child). Abu Hurayrah said that he prefers to give dirt as alms in path of Allah then freeing such illegitimate slave (due to his/her being even bigger evil and sinner than his/her fornicating parents).
Imam Albani graded this Hadith as "Sahih" (link).
Imam Wadai declared this Hadith as "Sahih" according to the standards of Imam Muslim (link).

What is the wisdom here in making this innocent child so much prone to becoming evil later?

At maximum we hear the Muslim Scholars telling that chance of this child becoming evil later is due to the fact that he/she lacks the education and upbringing by the father.

We don't know how to digest this argument.

There also arises the counter argument here that it is Islamic Sharia itself which in the first place deprived this innocent child the education and upbringing of the father.

What is the wisdom for all this?

 

Sunni Imams: An illegitimate Child should not lead a congregational prayer

All the 4 Fiqh Imams (i.e. Malik, Abu Hanifa, Shafi'i and Ahmed bin Hanbal) say that it is not allowed for an illegitimate child to lead a congregational prayer (Reference: Biggest English Fatwa Website Islamweb.org. Link). Although Imam Ahmed allows it conditionally if it is established that he is really sound in religion (while this condition does not apply for legitimate children). 

The renowned Hanafi jurist, Imam Ibn Abidin states (link):

“This is due to the fact that he [i.e. the illegitimate] does not [normally] have a father to raise him, train him and teach him, hence ignorance (jahl) overcomes him [and thus, he is not able to properly fulfil the conditions of prayer].” (Radd al-Muکhtar ala ‘l-Durr al-Mukhtar, 1/562)

 One wonders how this lame excuse is going to work while it is Sharia itself which in the first place deprived this innocent child from the education and upbringing of the father.

 

If a mother was non-Muslim at time of birth, then illegitimate child will also not inherit from the mother

Please read the complete Fatwa here, according to which (link):

(1) If mother was non-Muslim at time of birth, then illegitimate child will also not inherit the Mother.

(2) Even if mother accepts Islam later, still the illegitimate child will not inherit her.

Please remember that the divine Allah has already deprived the child from the inheritance from his father. And now Allah is also depriving the child from inheritance from the mother too. And all this is done while according to Islam that child is illegitimate.

What type of "divine Wisdom" and "divine Justice" is this?

[Alam_dar]

A father could even marry his illegitimate daughter

A father could even marry his illegitimate daughter

According to Imam Shafi'i and Imam Malik, a father could even marry his illegitimate daughter as she is Non-Mahram to him.
Book Al-Fiqh ala al-Madhahib al-Arba'a by al-Jazairi (link):

هذا ويجوز للرجل أن يتزوج بنته المخلوقة من مائه زنا فإذا زنا بامرأة وحملت منه سفاحا وجاءت ببنت فإنها لا تحرم عليه لأن ماء الزنا لا حرمة له وكما تحل له تحل لأصوله وفروعه ولكن يكره له نكاحها بخلاف الأم الزانية فإنها كسائر الأمهات في الحرمة على أبنائهن لأن نسبه ثابت منها ويتوارثان

It is permissible for a man to marry his biological daughter if she was (conceived) through fornication, if he committed fornication with a woman and she got pregnant from him and gave birth to a girl then the girl is not unmarriable for him because the sperm released through fornication doesn’t make someone umarriable, as she is marriable for him, she is also marriable for his ancestors and progeny.

Al-Mughni, by Imam Ibn Qadama, Volume 7 page 485:

ويحرم على الرجل نكاح بنته من الزنى ، وأخته ، وبنت ابنه ، وبنت بنته ، وبنت أخيه ، وأخته من الزنى . وهو قول عامة الفقهاء . وقال مالك ، والشافعي في المشهور من مذهبه : يجوز ذلك كله ; لأنها أجنبية منه ولا تنسب إليه شرعا

It’s not permissible for the man to marry his daughter born through adultery, or her sister, grand daughter, niece and sister and this is the statement of the scholars, but Malik and Shafiyee said that it is permissible because she is alien and does not relate to him.

Many more references.

[Alam_dar]

Salve mothers had to face even more hardships & cruelities due to strange Sharia Rulings

We really feel sorry for the slave women of the past centuries in Islamic caliphates. They had to go through 2 additional steps of hardships. According to Sharia rules:

1) It was the Master's choice to accept children from their slave girls as his own children, or to deny them his name as father.
In later case, those children got the name of their mother only and became illegitimate children.

2) And the master was allowed to separate the children from the slave woman when the children got 2 teeth, and sell his own son/daughter in the slave markets.

Here are the Islamic References:

وَإِنْ کَانَ مِنْ أَمَةٍ لَا يَمْلِکُهَا أَوْ مِنْ حُرَّةٍ عَاهَرَ بِهَا فَإِنَّهُ لَا يَلْحَقُ وَلَا يُورَثُ وَإِنْ کَانَ الَّذِي يُدْعَی لَهُ هُوَ ادَّعَاهُ فَهُوَ وَلَدُ زِنًا لِأَهْلِ أُمِّهِ مَنْ کَانُوا حُرَّةً أَوْ أَمَةً
If he (an illegitimate child) was born to a slave woman whom his father did not own, or to a free woman with whom he committed adultery, then he cannot be named after his father, and he does not inherit from him, even if the one whom he claims as his father acknowledges him. So he is an illegitimate child who belongs to his mother's people, whoever they are, whether she is a free woman or a slave."

References:
(1) Sunnan Abu Dawud Graded as Sahih). Link.
(2) Musnad Ahmad bin Hanbal (Graded as Sahih)Link.

 

Book Al-Mabsut, Volume 2 page 152 by Imam Muhammad bin Ahmad Sarkhasi (d. 483 H):

وولد أم الولد ثابت من المولى ما لم ينفه لأنها فراش له وقال عليه الصلاة والسلام الولد للفراش ولكن ينتفي عنه بمجرد النفي عندنا
“The son of a slave woman is attributed to the master as long as he didn’t deny it, because she had been on a bed with him, He (s) said that the son belongs to the bed, but he (the child) will be not be attributed to him if he just denied him according to us.”

 

Book ‘Fatah al-Qadeer Sharah Hidayah’ Volume 10 page 329:

أم الولد بسبب أن ولدها ، وإن ثبت نسبه بلا دعوة ينتفي نسبه بمجرد نفيه ، بخلاف المنكوحة لا ينتفي نسب ولدها إلا باللعان
“The slave woman’s son, even if his paternity is proven without a claim (from the father), has his parentage disassociated just by denial, unlike the wife in a Nikah whose son’s parentage cannot be dissociated except through “le’an.”

 

Imam Showkani records in Nail al-Awtar, Volume 7 page 77:

وروي عن أبي حنيفة والثوري وهو مذهب الهادوية أن الأمة لا يثبت فراشها إلا بدعوة الولد ولا يكفي الإقرار بالوطئ ، فإن لم يدعه كان ملكا له
“It is narrated from Abi Hanifa, al-Thawri and it is the Hadwiyah madhab that the paternity of a slave woman’s (son) cannot be proved without the claim (from the father), the admission of performing sexual intercourse shall not suffice, if he didn’t claim paternity, he (the son) will become a slave for him. “

 

Therefore, even if the slave woman never committed any Zina (fornication), still Master got the right to label her children as illegitimate. 

Even bigger cruelty of Islamic Sharia is this that it gave master the right to separate the about 6 months old babies from the slave mothers (when they get  2 teeth) and sell them separately in the slave markets. 

And in Risalah of Fiqh Imam Malik, it is written (link):

ولا يفرق بين الام وولدها في البيع حتى يثغر
The owner of a slave woman may not sell her separately from her child until the child grows its second teeth. (i.e. after that they could be separated and sold in the slave markets).

Free women got at least the right to live with their illegitimate children, but just imagine about the poor slave mothers whom children were labelled as Bastards for whole of their life, and then even separated from her after she had fostered them her milk for 6 months. 

[Alam_dar]

Shia Madhab and injustices against Illegitmate Children:

I have No Words to say against these great injustices in Shia Madhab against the Illegitimate Children. Please read it yourself on their biggest Shia Website www.al-islam.org  (link):

 

Question: 

Why Illegitimate Children Are Kept Away From Some Posts like Jurist, Leader, Judge etc.?

Answer:

A child does not know his father, grandfather, grandmother and relatives (because Sharia does not allow the father to give child his name and to play any role in upbringing of the child). And (thus) generally many ethical, psychological, social, training, family, financially and sentimental defects come into existence because of it ...

Inheritance is the base for a person's future and makes the personality of an individual and prepares the ground for them for their good or bad fortune.

From these points we can derive the following results:

Illegitimate children inherit bad manners, breaking of laws and sins from their parents. For them the ground for sins and crime is more feasible. As compared to others they are more prepared for sins and if they personally get wrong training or if the environment is not good, then it is enough for them that their polluted soul, like sparks beneath the ash become fire and burn their good fortune.

As for the question about social posts for illegitimate persons, it is a logical precaution for the protection of social good on the basis of whatever is said above about their psychological state ...

When an illegitimate child is prepared to perform his duties and able to do work of training, if his deeds are good he will get rewards for it and if he does bad he will be punished.

Although the rebellious nature of illegitimate children (which have more interest and are more inclined to break the laws and commit sins) makes it difficult for them to avoid sin, and it is also difficult for them to perform their duties, but if they go against their desires and follow the orders of Almighty and right principles they will be given the best of the rewards ...

In other words those children who are illegitimately born are like those children who are born to the parents having diseases (T.B, and sexual disorders). These children have more chances of contracting these diseases and if they are not cured as early as possible they are more likely to get these diseases.

Like the ill parents, illegitimate children are also prepared to break the laws and fall into crime if their training and studies are not provided in the right environment and healthy intentions. It is possible they may fall into a great depth and ally with the criminals. For those reasons, in order to protect the social cause, precautions should be taken that they remain away from some posts.

 

Could you ever agree with this Wisdom of Shia Madhab? 

[Alam_dar]

Imran Khan and his alleged daughter Tyrian White:

Our society is a prey of contradictions. People blame Imran Khan for not giving her alleged daughter Tyrian White  his name and fatherly love. But actually they have to criticise Islam for that and not Imran Khan, while it is Islam which prohibits Imran Khan to give fatherly love to his daughter. Since no one could criticise Islam directly in our society, therefore Imran Khan has to bear the load of crime of Islam too. 

Actually, we have to give Imran Khan credit that he didn't let Tyrian alone, but brought her to Jemima and his other sons. This act of Iman Khan convinces us if there had been no walls of religion of Islam, then Imran khan would have taken full responsibility of his daughter. 

Actually Imran Khan is also showing contradictory behaviour. On one side he says he totally believe in Allah and His Sharia, but on the other hand he is himself breaking the laws of Sharia by taking care of Tyrian.  If these contradictions are not hypocrisy then what else are they? 

Actually, according to Sharia, it is also a crime that Tyrian stays under one roof along with her step brothers as they are non-Mehrams. And as a punishment of this crime, an Islamic State should lash Tyrian and her brothers. 

Does logic still not guide you that these rulings of Islamic Sharia are devoid of any Divine Wisdom? 

[Alam_dar]

I myself asked this question about illegitimate child to dozens of Islamic Scholars, but No answer from them, except than becoming extremely furious while according to them I was challenging the Divine Wisdom of Allah by asking such questions. 

 

Normally Islam apologists have "Lame Excuses" for all of the crimes and mistakes of Islam. But on this topic, they are unable to present even any lame excuse to defend Islam. At maximum, they are getting angry and prohibiting to ask such questions in public. 

 

 

[zen]

As someone said, there are no illegitimate children, only illegitimate parents

[Zero_Unit]

At one point, i used to love coming to the chat section. These days, I hate it. Instead of interesting topics, forum is full of religious post ... Maybe y'all need to ad a religion section in this forum ...