₦airaland Forum

Welcome, Guest: RegisterLoginWith GoogleTrendingRecentNew

Stats: 3,326,234 members, 8,425,579 topics. Date: Friday, 12 June 2026 at 05:58 PM

Toggle theme

Who Owns The Child Born Before Islamic Marriage (Zina)? - Islam (3) - Nairaland

Nairaland ForumNairaland GeneralIslamWho Owns The Child Born Before Islamic Marriage (Zina)? (13698 Views)

1 2 3 Reply (Go Down)

Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Ebenezer2021(m): 11:02pm On Jul 18, 2025
almarthins:
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.
islam Sabi wetin be Christ?
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Ovacoma: 2:27am On Jul 19, 2025
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!!
Ridiculous'
But, do you know that the bio-lo-gical dad of the child, if it is a female, can have s...x with her in Islaaaam? What comparative study between dark...ness and lite? Where have you read this in the New testament or any Christians practicing it? It was for the Jews of that time or do christians sacrifice animals like God commanded the Jews?
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by AntiChristian: 6:56am On Jul 19, 2025
codeME:
please consider this portion.
John 3: 16-17
16 For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life. 17 For God sent not his Son into the world to condemn the world; but that the world through him might be saved.

and then this
2Cor 5:17 Therefore if anyone is in Christ, he is a new creation. The old has passed away. Behold, the new has come!

and later this Romans 8: 1
1There is therefore now no condemnation to them which are in Christ Jesus, who walk not after the flesh, but after the Spirit.
I don't think God needs to have a son to function. Why does your God need a begotten son?

Your dad needs a son to continue his legacy or genealogy!
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by AntiChristian: 6:58am On Jul 19, 2025
JuanDeDios:
If the child is not allowed to be attributed to the father, that's punishment for the child.
It's for the father! The child belongs to the mother and takes her name!

The adulterer must lose totally!
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by JuanDeDios: 7:18am On Jul 19, 2025
AntiChristian:
It's for the father! The child belongs to the mother and takes her name!

The adulterer must lose totally!
Yeah, someone fornicated. So let's deny the child of a father to prove the point. I get it.
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by duro4chang(m): 7:45am On Jul 19, 2025
Eniitankorede:
That logical statement I gave shows that it is your bible that is corrupted. You can’t even defend the stupid argument in your bible that says God announced the birth of an illegitimate child. That alone is enough to dump your bible in a shithole.
Most of the stories you have in your Quran today were told to your Mohammed by Waraqah. Every revelation he claimed he got came from Waraqah who was a Christian. The day Waraqah died, your Mohammed could not receive any revelation again. Mohammed got all the stories he claimed to be revelations from him no wonder he distorted many stories.
Waraqah ibn Nawfal was Khadijah's cousin and a learned Christian scholar who played a significant role in the early days of Islam. When Muhammad first experienced the revelation, Khadijah, his wife, took him to Waraqah for guidance. Waraqah, recognizing the angel Gabriel's presence, affirmed Muhammad's prophethood and expressed his belief that Muhammad would be persecuted by his people. This encounter with Waraqah provided initial validation for Muhammad's experience and helped him understand the nature of the revelation.
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Ovacoma: 8:01am On Jul 19, 2025
JuanDeDios:
Yeah, someone fornicated. So let's deny the child of a father to prove the point. I get it.
That is Islamic logic.
They are now asking us to be comparing what they practice with what doesn't exist in Christianity.
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by RealityKings1: 8:01am On Jul 19, 2025
seanery:
Do you mean Allah huh

gggg gggg gggg gggg gggg gggg gggg
There are several Gods. Several makers
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Goodlady(f): 8:43am On Jul 19, 2025
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
Seun Mynd44 Dominique look at this speech that can create religious war made by Antichristian. Look at his username and most of his posts showing hate towards others

I don't know why sins are hereditary in the Bible but not good deeds!
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Goodlady(f): 8:43am On Jul 19, 2025
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!!
Seun Mynd44 Dominique nlfpmod see another person who has same thinking like Antichristian. They are creating public Incitement
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Eniitankorede: 11:05am On Jul 19, 2025
duro4chang:
Most of the stories you have in your Quran today were told to your Mohammed by Waraqah. Every revelation he claimed he got came from Waraqah who was a Christian. The day Waraqah died, your Mohammed could not receive any revelation again. Mohammed got all the stories he claimed to be revelations from him no wonder he distorted many stories.
Waraqah ibn Nawfal was Khadijah's cousin and a learned Christian scholar who played a significant role in the early days of Islam. When Muhammad first experienced the revelation, Khadijah, his wife, took him to Waraqah for guidance. Waraqah, recognizing the angel Gabriel's presence, affirmed Muhammad's prophethood and expressed his belief that Muhammad would be persecuted by his people. This encounter with Waraqah provided initial validation for Muhammad's experience and helped him understand the nature of the revelation.
You cannot say what you cannot substantiate. You are not a baby to do that. Show us evidence where Waraqah sat down and illiterate and taught him stories forming a whole book.
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by ThunderfireNLMO: 1:29pm On Jul 19, 2025
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.

Assuming an Hausa Muslim lady got impregnated by someone from another tribe who is a Christian. What does the Islamic law say about this? Is the 100 lashes still applicable to the Muslim lady assuming the guy jet off?
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Faithscan(op):
.
[size=12pt]The obligatory (essential) elements (arkan) that constitute a valid Islamic marriage (Nikah) are:

1. Ijāb and Qabūl (Offer and Acceptance)
– Clear proposal and acceptance between the two parties in the same sitting.


2. Mutual Consent
– Both the bride and groom must agree willingly without force or compulsion.


3. Wali (Guardian) for the Bride
– A guardian (usually the father) is required, especially for a virgin woman.


4. Two Just Muslim Witnesses
– At least two trustworthy Muslim male witnesses (or one male and two females).


5. Mahr (Dowry)
– A mandatory gift from the groom to the bride, even if symbolic or prosponed


These are the obligatory components. Without them, the Nikah is invalid. If all these are however fulfilled, even in a single day or a single sitting, lslamic marriage has occured.


1. Click here to read
What makes valid marriage in Islam

.
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Faithscan(op): 4:06pm On Jul 19, 2025
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by duro4chang(m): 9:04pm On Jul 19, 2025
Eniitankorede:
You cannot say what you cannot substantiate. You are not a baby to do that. Show us evidence where Waraqah sat down and illiterate and taught him stories forming a whole book.
I know that many of you do not know the story. Even many of your so called scholars do not know it. It was Waraqah who tutored you prophet. Try to make enquiry about the relationship between Mohammed and Waraqah. I will soon send the link to you where you will get the hadiths that narrates the story.
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by duro4chang(m): 9:07pm On Jul 19, 2025
Eniitankorede:
You cannot say what you cannot substantiate. You are not a baby to do that. Show us evidence where Waraqah sat down and illiterate and taught him stories forming a whole book.
Several hadiths mention Waraqah ibn Nawfal, primarily in the context of his role in confirming the prophethood of Muhammad (peace be upon him). One key hadith narrated by Aisha (may Allah be pleased with her) describes the Prophet's initial experience of revelation and how Khadijah brought him to Waraqah for confirmation. Waraqah, recognizing the angel Gabriel and the nature of the revelation, declared it to be the same as what was revealed to Moses, affirming that Muhammad was indeed a prophet. 
Here's a more detailed look at the hadiths:
Confirmation of Prophethood:
Several narrations, particularly from Aisha, detail the Prophet's initial revelation and Waraqah's immediate affirmation of its authenticity. Waraqah is reported to have said, "This is the same angel (Gabriel) who was sent to Moses. I wish I were younger and could live to see your people drive you out," according to Wikipedia. 
Waraqah's Knowledge and Belief:
Waraqah is described as a Christian convert who had knowledge of the scriptures. He is said to have affirmed the Prophet's message based on his understanding of previous revelations and the arrival of the angel Gabriel. 
Waraqah's Death:
Waraqah died shortly after this encounter with the Prophet. Some narrations mention that he died before the Prophet publicly proclaimed his message. According to IslamQA.info, he is not considered a Companion in the strict sense because he passed away before the public proclamation of Islam, but he is recognized for his belief in the Prophet's message.
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by DonroxyII: 10:25pm On Jul 19, 2025
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?
I'm a Muslim but we Muslim must be very careful with confusing Arabian Archaic Laws with Islam(Religion of Peace) of Humanities...

How could a Man inseminate his DNA in Another woman's Bodies Only to be Responsible for the child herself ....

Arab Laws are anti Woman and should not be confused with Islam ....

Islam is Fact Based Not Emotions Based!
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by DonroxyII: 10:32pm On Jul 19, 2025
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!
See, Don't be Naive Yourself ... Islam Laws is only found in the Qur'an.... Qur'an is Pro Human while Arab is Anti Woman and Human ....

Two people had sex and a Man Ejaculated inside a woman's vagina but the woman is the sole responsible for the Child ... where is cool and fairness in that huh

No wonder when Arab elites changed Arabian Laws to Represent Contemporary Realities the entire African(Slavery) Islamic Worlds Shakes because you bunch confused Arabian cultures with Islam Cultures!
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Eniitankorede: 8:24pm On Jul 20, 2025
duro4chang:
Several hadiths mention Waraqah ibn Nawfal, primarily in the context of his role in confirming the prophethood of Muhammad (peace be upon him). One key hadith narrated by Aisha (may Allah be pleased with her) describes the Prophet's initial experience of revelation and how Khadijah brought him to Waraqah for confirmation. Waraqah, recognizing the angel Gabriel and the nature of the revelation, declared it to be the same as what was revealed to Moses, affirming that Muhammad was indeed a prophet. 
Here's a more detailed look at the hadiths:
Confirmation of Prophethood:
Several narrations, particularly from Aisha, detail the Prophet's initial revelation and Waraqah's immediate affirmation of its authenticity. Waraqah is reported to have said, "This is the same angel (Gabriel) who was sent to Moses. I wish I were younger and could live to see your people drive you out," according to Wikipedia. 
Waraqah's Knowledge and Belief:
Waraqah is described as a Christian convert who had knowledge of the scriptures. He is said to have affirmed the Prophet's message based on his understanding of previous revelations and the arrival of the angel Gabriel. 
Waraqah's Death:
Waraqah died shortly after this encounter with the Prophet. Some narrations mention that he died before the Prophet publicly proclaimed his message. According to IslamQA.info, he is not considered a Companion in the strict sense because he passed away before the public proclamation of Islam, but he is recognized for his belief in the Prophet's message.
Does any of what you have stated show that Waraqah translated or gave bible to Muhammad?
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Eniitankorede: 8:48pm On Jul 20, 2025
duro4chang:
I know that many of you do not know the story. Even many of your so called scholars do not know it. It was Waraqah who tutored you prophet. Try to make enquiry about the relationship between Mohammed and Waraqah. I will soon send the link to you where you will get the hadiths that narrates the story.
We know the authentic story. Nowhere did Waraqah bring out bible and show it to Muhammad. Stop cooking up fake narrative.
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by duro4chang(m): 7:22pm On Jul 21, 2025
Eniitankorede:
Does any of what you have stated show that Waraqah translated or gave bible to Muhammad?
Tell us the reason why Mohammed ran to Waraqah
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by duro4chang(m): 7:25pm On Jul 21, 2025
Eniitankorede:
We know the authentic story. Nowhere did Waraqah bring out bible and show it to Muhammad. Stop cooking up fake narrative.
You know nothing about the story. Even many of your sheiks don't know. Tell us why Mohammed could not come up with any revelation after the death of Waraqah. Your leaders are hiding the truth from you.
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by duro4chang(m): 7:32pm On Jul 21, 2025
Eniitankorede:
We know the authentic story. Nowhere did Waraqah bring out bible and show it to Muhammad. Stop cooking up fake narrative.
'This is the Namus [Jibril] which Allah sent to Musa. I wish that I were still young. I wish I might still be alive when your people drive you out!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Will they drive me out?' Waraqa said, 'Yes, no man has brought anything similar to what you have brought without being treated with hostility. If I am still alive on that day, I will give you my strong support.'

"Shortly after that, Waraqa died and there was a pause in the revelation until the Prophet, may Allah bless him and grant him peace, became so sad that we heard that his sorrow several times made him want to throw himself off the tops of the mountains. Whenever he reached the peak of a mountain, Jibril would appear to him and say, 'Muhammad, you are truly the Messenger of Allah.' So his agitation was stilled by that and he would be at peace and then would return home. When the gap in the revelation was long for him, and he was moved to act as before. When he reached the peak of he mountain. Jibril would appear before him and say the like of that to him."
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Eniitankorede: 8:53am On Jul 22, 2025
duro4chang:
'This is the Namus [Jibril] which Allah sent to Musa. I wish that I were still young. I wish I might still be alive when your people drive you out!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Will they drive me out?' Waraqa said, 'Yes, no man has brought anything similar to what you have brought without being treated with hostility. If I am still alive on that day, I will give you my strong support.'

"Shortly after that, Waraqa died and there was a pause in the revelation until the Prophet, may Allah bless him and grant him peace, became so sad that we heard that his sorrow several times made him want to throw himself off the tops of the mountains. Whenever he reached the peak of a mountain, Jibril would appear to him and say, 'Muhammad, you are truly the Messenger of Allah.' So his agitation was stilled by that and he would be at peace and then would return home. When the gap in the revelation was long for him, and he was moved to act as before. When he reached the peak of he mountain. Jibril would appear before him and say the like of that to him."
If you don’t understand what you are writing, ask someone else to help you. Where in your statements did Waraqah give bible to Muhammad? Just underline one statement there where he gave bible to Muhammad. Do you know that Muhammad was an literate?
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Eniitankorede: 8:55am On Jul 22, 2025
duro4chang:
You know nothing about the story. Even many of your sheiks don't know. Tell us why Mohammed could not come up with any revelation after the death of Waraqah. Your leaders are hiding the truth from you.
Please shut up if you are so ignorant. What has paucity of revelation got to do with bible? Don’t you know how to understand your statements?
Re: Who Owns The Child Born Before Islamic Marriage (Zina)? by Eniitankorede: 8:58am On Jul 22, 2025
duro4chang:
Tell us the reason why Mohammed ran to Waraqah
Read the story again! Was it Muhammad that ran to Waraqah or his wife? Did Muhammad know Waraqah until the incident occured? Was Muhammad literate? How can an illiterate read or understand a bible? You need a brain reset!
1 2 3 Reply

What's The Minimum Requirement For An Islamic Marriage (nikah)?Islamic Marriage Is Simple Shun Haram Dating!Consequences Of Zina: A Grave Sin Requiring Repentance234

Dead Body Of Firown As Sign For PeopleWhy It Is Not Islamic for a Muslim Woman to Change Her Surname After MarriageShehu Yahaya Jalam Dies In Saudi Arabia During 2026 Hajj