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In a Nutshell:

A child born from zina (extramarital intercourse) is considered innocent in Islam and holds the same rights and obligations as any other child. The child is not punished for the parents' actions and deserves love, care and support.

Table of Contents:

  • In a Nutshell
  • Introduction
  • Evidences from Quran and Hadith
  • Rights and Obligations of the Child
  • Responsibility of the Parents
  • Inheritance and Lineage
  • 5 Misconceptions about Children of Zina
  • 5 Objections Addressed
  • FAQs on Children of Zina

In a Nutshell:

In Islam, a child born from zina (adultery or fornication) is considered innocent. The child bears no blame for their parents' actions and therefore possesses the same inherent rights as any other Muslim child. This includes the right to life, love, care, provision, religious education and a positive place in society. Furthermore, the child from zina has the right to establish lineage with the mother under Islamic law. However, the child does not inherit from or establish lineage with the biological father who committed zina.


Introduction

The status of a child born from zina is a sensitive and complex issue within Islamic jurisprudence. Islam places paramount importance on protecting and safeguarding the rights of every child, regardless of the circumstances of their birth. The principles of mercy, compassion and avoidance of stigmatization underpin Islamic teachings on this matter. At the same time, Islam strongly prohibits unlawful sexual relationships and there are specific legal implications for parents who engage in zina.

This answer aims to shed light on the nuanced approach Islam takes towards children born out of wedlock. It will explore Quranic verses, authentic hadith, opinions of the Prophet's companions (sahaba) and the established views of Classical scholars to illuminate the rights, obligations and social implications surrounding a child of zina.


Evidences from Quran and Hadith

The Quran

  • Innocence of the Child: No person shall bear the burden of another. (Quran 6:164)
  • Responsibility of the Parents: And those who commit unlawful sexual intercourse..., then if they repent and believe and do righteous deeds, then Allah will change their evil deeds into good deeds and Allah is Oft-Forgiving, Most Merciful. (Quran 25:70)
  • Compassion Towards Children: And kill not your children for fear of poverty. We provide for them and for you. Surely, the killing of them is a great sin. (Quran 17:31)

The Hadith

  • Avoidance of Stigma: The The Prophet (pbuh) said: Every child is born on fitrah (natural disposition towards Islam). It is the parents who make the child Jewish, Christian, or Majian. (Sahih al-Bukhari)
  • Judgement for the Sin is Not Punishment for the Child: The The Prophet (pbuh) did not order that children of zina be punished or held accountable for their parents' actions.
  • Mercy and Forgiveness: The The Prophet (pbuh) showed mercy to a woman who had committed adultery and became pregnant. He (pbuh) delayed her punishment until after she had given birth and weaned the child. (Sahih Muslim)



What Happens to the Child from Zina in Islam?

The legal and social status of a child born from zina requires a careful of Islamic principles and traditional scholarly rulings. Here's a breakdown of the primary considerations:

Rights and Obligations of the Child

  • Name and Lineage: The child of zina takes the mother's name and establishes lineage with her family. The child is not attributed to the biological father.
  • Financial Maintenance: The mother is primarily responsible for the child's financial support and upbringing. If the mother is unable, the responsibility falls upon her extended family. The biological father has no financial obligation towards the child under traditional Islamic law.
  • Care and Nurturing: The child has the right to a loving and nurturing environment, provided primarily by the mother and her relatives.
  • Right to Life and Protection: The child's life is sacrosanct in Islam. Any harm inflicted upon a child, regardless of their parentage, is considered a grave sin.
  • Education (Religious and Otherwise): The child is entitled to receive a proper education, including Islamic teachings, to guide them towards a righteous life.
  • Social Acceptance: Islam forbids the stigmatization or discrimination of any child based on the circumstances of their birth. The child deserves equal respect and dignity within the Muslim community.

Responsibility of the Parents

Both the mother and father who commit zina are held accountable for their transgression. They are required to sincerely repent to Allah (swt) and seek forgiveness. Additionally, they may be subject to legal penalties as prescribed under Islamic law. However, their sin does not absolve them of certain responsibilities towards the child:

  • Mother's role: As Islam places significant value on motherhood, the mother carries the primary responsibility for the care and upbringing of the child.
  • Father's role (if known): While the father may not have legal obligations towards the child under traditional Islamic law, he is morally encouraged to acknowledge and support the child if possible, without establishing a formal lineage.

Inheritance and Lineage

  • The child from zina does not inherit from the biological father or his family.
  • The child inherits from the mother and her family in accordance with Islamic inheritance laws.

Misconceptions about Children of Zina

There are several common misconceptions surrounding children born from zina. It's crucial to address these with clarity and compassion:

The child is sinful by default: This is absolutely false. Islam emphasizes that every child is born innocent and free from sin. The child should never be punished, stigmatized, or made to feel ashamed for the actions of their parents.

The child has no right to lineage: While the child of zina does not legally take the father's name, they establish a clear lineage with their mother and her family. This lineage is vital for determining inheritance, marital eligibility and other social and legal rights.

The child will not be accepted by the community: Islam commands Muslims to treat all children with dignity and kindness. A child's lineage should never be a source of discrimination or prejudice within the Muslim community.

The child is destined for a life of hardship: This misconception fuels harmful stereotypes. A child of zina has the same potential as any other child to lead a fulfilling and righteous life with Allah's (swt) guidance and the support of their family and community.

The child has no chance to enter Paradise: Allah's (swt) mercy and forgiveness are boundless. A righteous life and sincere repentance are the determinants of a person's fate in the hereafter, not the circumstances of their birth.


Objections

Does this not encourage zina? While Islam strongly discourages and prohibits zina, the core focus remains on protecting the innocent child. Punishing the child for the parents' actions would be unjust and contrary to Islamic principles.

Isn't the mother getting away without consequences? The mother faces both social and legal ramifications for her actions. Additionally, she bears the primary responsibility for raising the child, which is a significant responsibility in itself.

Doesn't this allow the father to avoid responsibility? While traditional legal rulings do not establish a paternal link, Islam morally encourages the father to provide support if possible. Further, he bears the burden of his sin before Allah (swt).

Are there any alternative perspectives within Islamic scholarship? Some contemporary scholars suggest the possibility of informal support and acknowledgment from the biological father while safeguarding the child's rights and avoiding the formal establishment of lineage.

Isn't this unfair to the child? While the situation is undoubtedly complex, Islamic principles prioritize justice and compassion for the innocent child and establish clear avenues for their well-being and societal acceptance.


FAQs: Children of Zina

Can a child of zina marry? Yes, the child can marry as per Islamic laws. Their marital eligibility is determined by their lineage with the mother and her family.

What if the mother is unable to provide for the child? The responsibility for the child's care falls upon the mother's extended family and ultimately, upon the wider Muslim community and the Islamic state.

Should someone reveal that a person is a child of zina? No, it is strictly forbidden to reveal such information as it amounts to slander and causes undue harm to the individual.

How can the community support a child of zina? By treating them with respect and inclusion, providing educational and developmental opportunities and offering guidance and support to both the child and their family.

What should a child of zina know about their origins? This is a sensitive matter that the child's family must handle with wisdom and compassion, prioritizing the child's best interests and maintaining their dignity.


Conclusion

Islam adopts a compassionate and just stance towards children born from zina. While the act itself is a major sin, the child bears no burden and is granted the same fundamental rights as any other Muslim child. The mother carries the primary responsibility for the child's upbringing and the biological father is morally encouraged to support the child when possible, without establishing formal lineage.

The ummah has a collective responsibility to safeguard the well-being of the child, combat any stigma and provide the child with the necessary love, care and guidance.


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