The inheritance of an illegitimate child


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Q 7: A wife who had a legitimate child committed Zina (adultery) and gave birth to an illegitimate child. Is this illegitimate child entitled to inherit from his mother's husband?


A: If the concerned married wife gave birth to her illegitimate child while the bond of her marriage was effective, the illegitimate child is to be attributed to and inherit from her husband unless the latter denied him by Li`an (oath of condemnation). However, if the child is denied by Li`an; he is to be attributed to his mother and her `Asabah (relatives of the father or male side) are to be regarded as the child's `Asabah exactly as if she had given birth to him while she was not married. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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