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What is the detail Shar’i ruling with regards to an illegitimate child. Does the father have any rights. Is maintenance compulsory on the father.

Answered as per Hanafi Fiqh by Askimam.org

The father is offering maintenance for his illegitimate child. Hence he desires to see the child regularly. The mother of the child refuses to allow him to see the child.

Answer

In principle, an illegitimate child is attributed to the mother only.
Granting the biological father rights and responsibility of maintenance will
be showing complacency to the illicit and Haraam act of Zina.

However, the mother may accept the maintenance given by the father and she
may also allow him visitation to his biological child.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT.

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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