|-- 21-03-2003 @ 12:00 AM
Children From Jaahiliyyah
Summarized from a phone conversation with Shaykh Muhammad ?Umar Baazmool (1423/5/20)
Questioner: A man and a woman live together unmarried as disbelievers. They accept Islaam together and then get married. The woman, however, is pregnant when they accept Islaam, meaning she became pregnant before her Islaam and before her marriage. Is her husband now considered the legitimate father of this child? And what about children that were already born to this couple before their Islaam?
Shaykh Muhammad ?Umar Baazmool: Were they considered married before their Islaam by way of the customs of their people? (ie. Common-law marriage)
?er: No, they were only considered boyfriend and girlfriend.
MUB: Ok, had they been considered married by the customs of their people, even without an actual contract, then they would be viewed as a married couple after they accepted Islaam, without needing a marriage ceremony, but this is not the case. This is because Islaam honors all contracts from jaahiliyyah, either written or understood by custom. When people live together in this fashion in their land, do the people consider the child to be the man?s legitimate child?
?er: Yes, if you mean does the child take the name of the father. The majority of children in this case take the last name of the father, and the society views the man as his real father.
MUB: OK, then in this case, the child would be considered the man?s son after they have accepted Islaam. All that is upon them is to get married after accepting Islaam. The child, as he would be considered the man?s son before Islaam, will also be considered the man?s son after their acceptance of Islaam. The Islaamic rules of the child not being attributed to the biological father from a non-marital relationship take effect after people have accepted Islaam. As for this couple that has accepted Islaam, then the unborn child, as well as all children born to them prior to their acceptance of Islaam, will be considered the father?s legitimate children. This is what appears to be the correct understanding, and Allaah knows best.
سبحانك اللهم وبحمدك
أشهد أن لا إله إلا أنت
أستغفرك وأتوب إليك
|-- 22-03-2003 @ 12:00 AM
would this also be the case in the following situation:
a man and his girlfriend have a baby out of wedlock, before islaam. the child has the father's last name and the man is considered by the society to be the child's father. the man accepts islaam, but the woman does not, and they eventually break up. the woman marries another kaafir, and the man marries a muslimah. the woman, having animosity towards the father, makes it extremely difficult to see the child, sometimes even moving away without notifying her whereabouts. the man, judging by what he understood of illegitimacy of children in islaam (before this q&a), resolves himself to leave the situation alone since the woman is being unjust and (in his understanding) the child doesn't really belong to him anyway.
|-- 01-11-2004 @ 4:18 AM
As Salaamu Alaikum wa Rahmatullah
My question is concerning a related topic, but different cenario.
A Muslim man apostates and has a non-Muslim girlfriend. The girlfriend becomes pregnant. Later, the man returns to Islaam ,then marries the girlfriend before the birth of the child.
Q?: When the child is born , is he considerd the son of the Muslim man and his legal heir Islamically? Can the child take the father's name?
والعصر ان الانسان لفي خسر الا الذين آمنواو عملوا الصالحات و تواصوا بالحق و تواصوا بالصبر
This message was edited by umm.ridwan.bakr on 11-1-04 @ 4:34 AM