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The rights of a biological father over a child born out of wedlock

Answered as per Hanafi Fiqh by TheMufti.com

Q. What rights does a father have over his child born out of wedlock? Is a daughter born out of wedlock a Mahram to him? Can they travel together?

A. A child born out of wedlock is considered an illegitimate child of the biological father. This means that the Islamic lineage (Nasab) is not established with the biological father, the child does not inherit from him and he has no rights over the child. The Islamic lineage (Nasab) is established only with the biological mother, the child will inherit from her and she has all the rights over the child.

In regards to the relationship between the biological father and the daughter born out of wedlock, they are considered Mahrams between whom marriage is prohibited. Therefore, it would be permitted for them to travel together unless there is a fear of temptation (Fitnah) anticipated between them.

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

themufti.com

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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