IslamQA

Is it the duty of the father to support his illegitimate child?

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My question is regarding an illegitimate child. My ex husband and I had a child out of wedlock. I was not a Muslim but he was. Before my son was born I embraced Islam. (I was single and not married) Four months after the birth of our son we made nikah. My ex husband has been supporting us as I’m a housewife and we had another child as well. Now that we got divorced my ex husband said that he will no longer pay anything towards the “illegitimate” child. The child carries his name and surname. We were married for almost 8 years. He’s also not supporting me financially during my iddat time.

Bismillaah

A: It is his duty to support you through the period of the iddat. He does not have an obligation towards the illegitimate child.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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