Lineage of Children Born out of Wedlock: Is it Linked to the Mother or the Biological Father? This article delves into the lineage and inheritance rights of children born out of adultery or illicit relationships, and their status in Islam.
Lineage, or "Nasab," signifies the blood connection between a child and their parents or grandparents. In Islamic law, Nasab carries significant weight, determining a child's status, rights, and responsibilities in marriage, as well as the division of inheritance. However, what happens to the lineage and inheritance rights of children born out of wedlock or adultery?
Children Born out of Adultery are Attributed to Their Mothers
In Islam, a child born of a valid marriage is attributed to their father. However, when a child is born out of adultery, they are not attributed to their biological father, even though they are biologically his offspring. Instead, a child born out of adultery is attributed solely to their mother.
This is based on various pieces of evidence, including a hadith of the Prophet Muhammad (peace be upon him) narrated by Imam Muslim:
" The child belongs to the (marital) bed, and the adulterer gets the stone."
This hadith indicates that a child born within a lawful marriage belongs to the husband, whereas a child born out of adultery has no connection to the man who committed adultery.
Furthermore, Imam Ibn Hazm in his book "al-Muhalla" (Volume 10) also holds the view that:
"A child is attributed to its mother if she commits adultery, conceives, and is not attributed to the man."
The Indonesian Ulema Council (MUI) has also issued Fatwa Number 11 of 2012 regarding the status of children born out of adultery. In this fatwa, it is stated:
"Children born out of adultery have no lineage, guardian for marriage, inheritance rights, or maintenance claims from the man responsible for their birth."
This fatwa aligns with the consensus of scholars from various schools of thought, asserting that adultery does not establish a lineage.
Children Born out of Adultery Inherit Only from Their Mothers
From the explanations above, it becomes clear that children born out of adultery have no lineage with their fathers. Therefore, they do not inherit from their paternal side. These children only inherit from their mothers and her family.
Imam Ibn Nujaim in his book "al-Bahr al-Raiq Syarh Kanz ad-Daqaiq" explains:
"Children born out of adultery or through mutual imprecation ('lian') only inherit from their mothers. The lineage from their fathers is severed, so they do not inherit from their paternal side."
Similarly, Imam Ibn 'Abidin in his book "Radd al-Muhtar 'ala al-Durr al-Mukhtar" states:
"Children born out of adultery or through mutual imprecation only inherit from their mothers because, in his view, they do not have a father."
The inheritance rights of children born out of adultery from their mothers and maternal family are limited. For instance, if the mother passes away without a husband or parents, the child born out of adultery will inherit one-third of their mother's estate. If the mother leaves behind a husband or parents, the child born out of adultery will inherit one-sixth of her estate.
Children Born out of Adultery Are Not Guilty
Despite lacking lineage and inheritance rights from their fathers, children born out of adultery are not held responsible for the sins committed by their parents. They remain creatures of Allah SWT and deserve respect and protection.
Allah SWT states in Surah al-Isra' (17:15):
"No bearer of burdens will bear the burden of another."
Allah SWT also emphasizes in Surah al-An'am (6:164):
"And no bearer of burdens will bear the burden of another."
Therefore, society should not ostracize, demean, or discriminate against children born out of adultery. They have the right to education, healthcare, and happiness, just like any other children. Wallahu a'lam (Allah knows best).
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