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Title: Who Owns the Child Born Before Islamic Marriage.

Introduction

This article explains what Islam says about a child born before marriage (from zina). It answers in simple words: Who owns the child? Who should care for the child? What are the rules? What do the scholars and the four Imams say? What does the Qur’an and Hadith teach us?

1. Is the Child Guilty?

No. Islam teaches that the child is innocent. The child is not to be blamed for what the parents did.

“No soul bears the burden of another.” — Surah Al-An’am 6:164

2. Who Owns the Child?

🔹If a child is born before Nikah, the child belongs to the mother only.

🔹The father cannot claim the child in Islamic law.

🔹The child takes the mother’s name, not the father’s.


This is the view of all four major schools of Islamic law.

The Prophet ﷺ said: “The child belongs to the bed (i.e. legal marriage), and for the adulterer is nothing.” — Sahih al-Bukhari, 2053; Muslim, 1457

So, unless the child is born during a valid marriage, the father has no legal claim to the child.

3. Who Performs the Aqeeqah?

🔸The mother’s family should perform the aqeeqah (the Islamic naming and sacrifice).

🔸If they are unable, any Muslim relative or community member can do it as a good deed.

🔸The biological father has no religious duty to perform aqeeqah unless he repents and chooses to help.

4. Who Takes Care of the Child?

Since the child belongs only to the mother, the mother is responsible for:

▪️Feeding the child

▪️Clothing the child

▪️Sheltering the child

▪️Educating the child

▪️Caring for all the needs of the child

If the mother is unable, her family or the Muslim community can help. The biological father is not legally responsible in Islamic law but is encouraged to support the child if he repents and fears Allah.

5. Can the Child Be Adopted?

Yes, the child may be cared for by someone else, but:

🔹The child must not be given the name of the adoptive family or the biological father.

🔹The child’s lineage remains with the mother.

6. Inheritance

🔸The child cannot inherit from the biological father.

🔸The child may inherit only from the mother and her family.

🔸Likewise, the father cannot inherit from this child.

However, the father may give gifts or a will (wasiyyah) to the child before his death (up to 1/3 of his estate), if he wants to show kindness.

7. Punishment for the Sin (Zina)

If two people have a child before marriage, it means they committed zina, which is a major sin in Islam.

The punishment:

▪️100 lashes for unmarried persons — Surah An-Nur 24:2

▪️Stoning to death for those who were married — Sahih Muslim


These are only carried out under an Islamic court with proper evidence or confession. If not proven, the person must repent to Allah sincerely.

8. Statements of the Four Imams

✅ Imam Abu Hanifah (Hanafi):

🔹Child born from zina belongs to the mother only.

🔹The man cannot claim the child.

> Bada’i al-Sana’i, Vol. 7, p. 327

✅ Imam Malik (Maliki):

🔸Child is linked to the mother.

🔸No naming or inheritance from the father.

> Al-Mudawwanah, Vol. 2

✅ Imam al-Shafi’i (Shafi’i):

▪️No legal link to the father.

▪️Child takes the mother’s name.

> Al-Umm, Vol. 5, p. 51

✅ Imam Ahmad (Hanbali):

🔹Child of zina belongs to the mother.

🔹No legal fatherhood, name, or inheritance.

> Al-Mughni by Ibn Qudamah, Vol. 9, p. 124

9. Statements of Salafi Scholars

✅ Shaykh Ibn Baz رحمه الله:

"A child from zina belongs to the mother, not the adulterer. He cannot be attributed to him."

✅ Shaykh Ibn Uthaymeen رحمه الله:

"The child born from zina is not linked to the man who committed zina unless he was married to the mother at the time."

✅ Shaykh Salih al-Fawzan حفظه الله:

"The child is not to be named after the man. There is no inheritance. Responsibility falls on the mother."

10. What Should the Parents Do?

Repent sincerely to Allah.

🔸Stop the sin and avoid repeating it.

🔸Make a proper Islamic marriage (Nikah) if they wish to be together.

🔸Start a new life on Taqwa (fear of Allah).

“O my slaves who have transgressed, do not despair of the mercy of Allah...” — Surah Az-Zumar 39:53

Summary Table

Final Advice

Dear Muslim brothers and sisters,

° Respect Islamic marriage laws.

° Do not delay Nikah if both are ready.

° Teach your children about zina and its danger.

If you made a mistake, repent — Allah is Merciful.

Allah loves those who turn back to Him in repentance.

> May Allah guide us to what pleases Him.

This got my ribs cracking...
.


🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣🤣


Some characters needed.

Ismail or Ishmael was born out of marriage. There was no marriage before he was born. Can we . now say Ismael was not Abraham or Ibrahim son?

[quote Ismail or ...........[/quote]------------------------------------------------------------------
Reply.
The above statement about Prophet Isma’eel (peace be upon him) is not correct at all, and here is why:

1. Hājar (Hagar) was a wife of Prophet Ibrāhīm (peace be upon him):

According to authentic Islamic sources, Hājar was given in marriage to Prophet Ibrāhīm by the King of Egypt.

Their relationship was not outside marriage.

So Isma’eel (peace be upon him) was born from a valid, lawful marriage — not from zina.

Pls. always try to get your views from authentic sources and do away with every corrupted sources.

.

[quote author=Faithscan post=136008038][/quote]Anything not Islamic is corrupted🤔! I wonder what historical context you have apart from these Islamic sources that corroborate your stance? None, you have none! 🧐

Islam is the only religion that has no historical context whenever it tries to, It fails miserably! Hajar was not given to Ibrahim by the King of Egypt 😁—I guess she must have been given to him in the same vein Mary was Aaron's sister👀, in the same way Muhammad prayed and led the prayer in a non-existent mosque😁😁😁.

Islam never ceases to amaze!

AntiChristian:

"No one born of a forbidden marriage nor any of their descendants may enter the assembly of the Lord, even down to the tenth generation. Deuteronomy 23:2

I don't know why sins are hereditary in the Bible but not good deeds!

This is another reason why the christians must engage in an honest and serious comparative study between Islam and christianity. How can a true law ruled for the punishment of the innocents, even up to ten generations. This is too ridiculous

Haba! Haba!!

God owns him




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ggg gggg gggg gggg gggg gggg gggg gggg gggg gggg g

The punishment:

▪️100 lashes for unmarried persons — Surah An-Nur 24:2

▪️Stoning to death for those who were married — Sahih Muslim

If this is implemented, more than half of Abuja Muslim men for don die by stoning...

As for the 100 lashes... Una for flog tire!

Weird laws!

Do you mean Allah

gggg gggg gggg gggg gggg gggg gggg

RealityKings1:
God owns him




Bdhdbbdjdjdnndndndndnndncncncncnc

Thank you for this topic. Not a Muslim though, but this topic help my research on a script I'm presently working on. Thank you.

Lol thank God i don't belong to thiis ooooooooooooo

Obiedun:
Ismail or Ishmael was born out of marriage. There was no marriage before he was born. Can we . now say Ismael was not Abraham or Ibrahim son?

This is correct, Ishmael was not the child of Abraham according to Islamic theology because Hagar was not married to him before she got pregnant

The president of the country in which such child was born.

100 lashes unto wetin? Islam and flogging Mtcheww

Faithscan:
This is another reason why the christians must engage in an honest and serious comparative study between Islam and christianity. How can a true law ruled for the punishment of the innocents, even up to ten generations. This is too ridiculous

Haba! Haba!!

This was the old law before christ came. If you study the 5 books of moses, you will see alot of laws and conditions of atonement when it is broken.

[quote author=Faithscan post=136008038][/quote]You are wrong. According to my Bible she was a slave . It was his wife Sarah that gave her to Abraham not the king of Egypt as you said

I really wish our Christian sisters and brothers will try to read these current Bibles with sincere heart, Logically and Rationale, then try to evaluate its practices in life, then compare it with the teachings of there current leaders.

May God guide us right

flexyrule:
If this is implemented, more than half of Abuja Muslim men for don die by stoning...

As for the 100 lashes... Una for flog tire!

Weird laws!

no
If this has been in practice at least for the past 50years then there will be no adultery by now. Everybody have repented. Only 3 examples are enough to make 100 million people zip up for the next 50 years and that's how Islamic law operates

Lailai kam. Where's the place of God's mercy in all of this?

[quote author=almarthins post=136142962]This was the old law before christ came. If you study the 5 books of moses, you will see alot of laws and conditions of atonement when it is broken.[/quote

But your pastors are still quoting from the old Law to collect tithe.

Faithscan:
...


Title: Who Owns the Child Born Before Islamic Marriage.

Introduction

This article explains what Islam says about a child born before marriage (from zina). It answers in simple words: Who owns the child? Who should care for the child? What are the rules? What do the scholars and the four Imams say? What does the Qur’an and Hadith teach us?

1. Is the Child Guilty?

No. Islam teaches that the child is innocent. The child is not to be blamed for what the parents did.

“No soul bears the burden of another.” — Surah Al-An’am 6:164

2. Who Owns the Child?

🔹If a child is born before Nikah, the child belongs to the mother only.

🔹The father cannot claim the child in Islamic law.

🔹The child takes the mother’s name, not the father’s.


This is the view of all four major schools of Islamic law.

The Prophet ﷺ said: “The child belongs to the bed (i.e. legal marriage), and for the adulterer is nothing.” — Sahih al-Bukhari, 2053; Muslim, 1457

So, unless the child is born during a valid marriage, the father has no legal claim to the child.

3. Who Performs the Aqeeqah?

🔸The mother’s family should perform the aqeeqah (the Islamic naming and sacrifice).

🔸If they are unable, any Muslim relative or community member can do it as a good deed.

🔸The biological father has no religious duty to perform aqeeqah unless he repents and chooses to help.

4. Who Takes Care of the Child?

Since the child belongs only to the mother, the mother is responsible for:

▪️Feeding the child

▪️Clothing the child

▪️Sheltering the child

▪️Educating the child

▪️Caring for all the needs of the child

If the mother is unable, her family or the Muslim community can help. The biological father is not legally responsible in Islamic law but is encouraged to support the child if he repents and fears Allah.

5. Can the Child Be Adopted?

Yes, the child may be cared for by someone else, but:

🔹The child must not be given the name of the adoptive family or the biological father.

🔹The child’s lineage remains with the mother.

6. Inheritance

🔸The child cannot inherit from the biological father.

🔸The child may inherit only from the mother and her family.

🔸Likewise, the father cannot inherit from this child.

However, the father may give gifts or a will (wasiyyah) to the child before his death (up to 1/3 of his estate), if he wants to show kindness.

7. Punishment for the Sin (Zina)

If two people have a child before marriage, it means they committed zina, which is a major sin in Islam.

The punishment:

▪️100 lashes for unmarried persons — Surah An-Nur 24:2

▪️Stoning to death for those who were married — Sahih Muslim


These are only carried out under an Islamic court with proper evidence or confession. If not proven, the person must repent to Allah sincerely.

8. Statements of the Four Imams

✅ Imam Abu Hanifah (Hanafi):

🔹Child born from zina belongs to the mother only.

🔹The man cannot claim the child.

> Bada’i al-Sana’i, Vol. 7, p. 327

✅ Imam Malik (Maliki):

🔸Child is linked to the mother.

🔸No naming or inheritance from the father.

> Al-Mudawwanah, Vol. 2

✅ Imam al-Shafi’i (Shafi’i):

▪️No legal link to the father.

▪️Child takes the mother’s name.

> Al-Umm, Vol. 5, p. 51

✅ Imam Ahmad (Hanbali):

🔹Child of zina belongs to the mother.

🔹No legal fatherhood, name, or inheritance.

> Al-Mughni by Ibn Qudamah, Vol. 9, p. 124

9. Statements of Salafi Scholars

✅ Shaykh Ibn Baz رحمه الله:

"A child from zina belongs to the mother, not the adulterer. He cannot be attributed to him."

✅ Shaykh Ibn Uthaymeen رحمه الله:

"The child born from zina is not linked to the man who committed zina unless he was married to the mother at the time."

✅ Shaykh Salih al-Fawzan حفظه الله:

"The child is not to be named after the man. There is no inheritance. Responsibility falls on the mother."

10. What Should the Parents Do?

Repent sincerely to Allah.

🔸Stop the sin and avoid repeating it.

🔸Make a proper Islamic marriage (Nikah) if they wish to be together.

🔸Start a new life on Taqwa (fear of Allah).

“O my slaves who have transgressed, do not despair of the mercy of Allah...” — Surah Az-Zumar 39:53

Summary Table

Final Advice

Dear Muslim brothers and sisters,

° Respect Islamic marriage laws.

° Do not delay Nikah if both are ready.

° Teach your children about zina and its danger.

If you made a mistake, repent — Allah is Merciful.

Allah loves those who turn back to Him in repentance.

> May Allah guide us to what pleases Him.

Meanless Religion .for the Stone age .why didnt Allah stop the procreation in the first place ? Zina is not supposed to produce kids cos the products are Innocent
But you choose to dull to Arabians

Mightymanna:
no
If this has been in practice at least for the past 50years then there will be no adultery by now. Everybody have repented. Only 3 examples are enough to make 100 million people zip up for the next 50 years and that's how Islamic law operates

You're underrating the power of Opueh.

Many men will say "something must kill a man"

I done see say all the laws for this life,na poor man get am..Rich man Dey above all laws including religion but we go leave that matter for later but as for now ooo,ALL LAWS WAS MADE FOR POOR MAN..WETIN POOR MAN DONE USE EYES SEE FOR THIS LIFE,NA SEE FINISH..

flexyrule:
If this is implemented, more than half of Abuja Muslim men for don die by stoning...

As for the 100 lashes... Una for flog tire!

Weird laws!

if Ur uncle is a victim of those stone to death or ur sister is wipe 100 lash will u engage in zina act? the freedom we have is what is causing the problem in this world nd that is why everyone is doing as they pleases. if This kind of law is implemented everybody will braze up nd crime will definitely reduce unlesss u wan kpai. Take North Korea for example

AntiChristian:
This are cool laws from the Islamic perspective!

I love Islam.

The child has no sin but is not attributed to the father, a law to punish the adulterer and the burden of care of the child placed on the mother!

What can we find in the Bible in this regards?
"No one born of a forbidden marriage nor any of their descendants may enter the assembly of the Lord, even down to the tenth generation. Deuteronomy 23:2

I don't know why sins are hereditary in the Bible but not good deeds!

If the child is not allowed to be attributed to the father, that's punishment for the child.

Come to ilorin and see for yourself first.. I laugh in Hamas language

Obiedun:
Ismail or Ishmael was born out of marriage. There was no marriage before he was born. Can we . now say Ismael was not Abraham or Ibrahim son?

Ibrahim is now free from pampers, baby food e.t.c
But liable to 100strokes if the said lady is not married. But if otherwise na 🪨 to death make Baba God do the judgement

Dzzzz:
I done see say all the laws for this life,na poor man get am..Rich man Dey above all laws including religion but we go leave that matter for later but as for now ooo,ALL LAWS WAS MADE FOR POOR MAN..WETIN POOR MAN DONE USE EYES SEE FOR THIS LIFE,NA SEE FINISH..

True true you be poor
Omo my eye don almost blind
Because of seeing