IslamQA

1) If a female falls pregnant as a result of Zina, then marries the father of the child when she is 3 months pregnant, is the child still illegitimate? and cannot inherit?2) Also please advise regarding the inheritance of such children? I heard that there is a 33% portion of ones wealth that can be distributed to illegitimate children or to any other persons that are not allowed to inherit such as neighbours, friends, maid etc

Answered according to Hanafi Fiqh by Muftionline.co.za

Q:

1) If a female falls pregnant as a result of Zina, then marries the father of the child when she is 3 months pregnant, is the child still illegitimate? and cannot inherit?

2) Also please advise regarding the inheritance of such children? I heard that there is a 33% portion of ones wealth that can be distributed to illegitimate children or to any other persons that are not allowed to inherit such as neighbours, friends, maid etc

Bismillaah

A:

1. If the child is born six months or more after the nikaah, the child will be regarded as legitimate and inherit from the father. If the child is born less than six months from the time of nikaah, the child will not inherit from the father. Instead the child will only inherit from the mother.

2. In Islam it is permissible for one to make a bequest till one third of the estate for a non heir (i.e. after settling all debts and liabilities).

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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