I’m afraid he will take the baby
I have a son to a muslim man. He already acknowledged my son through my son's birth certificate, but I'm afraid that he will try to get my son away from me!! He already has 4 daughters with his wife, but my son is his one and only son!! I know too how important to a muslim man their son is. Please help me, and I want to know my son's rights to his muslim father.
-mas19
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Depends what country you live in. Are you saying your son was born because of relationship with a married man? Did you have relationship with other men when you were doing with him? If you had other relationships during that time, a DNA test should be done to make sure which guy is the real father. That guy could even go to jail for having sexual relationship with you while he was married.
In view of Islamic Law, if the child is born out of wedlock, the father shall have no legal rights over this child; nor will the child carry or be known by the name of his father; nor can the child inherit from his father; nor can the father inherit from his child; nor will the father be given legal custody of the child. Under Islamic Law, the child will stay with the mother, will carry and be known by his mother’s name, will be a legal heir to the property of his mother, and the mother will inherit his property. The father of the child born out of wedlock has absolutely no legal right towards the child in Islam.
The child will be considered absolutely innocent in the sight of Islamic Law and will not be blamed for any of the actions of his parents. And if the mother of the child insists that the father have nothing to do with the child’s upbringing; she is well within her rights to do so.
The best solution to the dilemma is to accept the reality of the matter, and if the mother is from the Jewish or Christian religion or if she agrees to accept Islam, the two of you can get married and raise the child together. Even in such a situation, the child will not carry or be known by your name; he will always be known by the name of his mother and she will always remain her primary custodian and guardian.
Hope this helps
A.k.: In view of Islamic Law, if the child is born out of wedlock, the father shall have no legal rights
In Islamic law what is the punishment for a married man who has sex with a woman not married to him?
wow i never heard of that form of "islamic law"
the child is to never suffer for the indiscretion of the parents..ever!
and she lives in the west. alhumdulilah
A.k., everything you described is only true if the father denies paternity. Of course, paternity can now be proven definitively through DNA testing. I don't know what the scholars have said about that.
Wael
IslamicAnswers.com Editor
Salaams,
I believe you need the help of an attorney. Wherever you leave, there should be laws to help establish custody, visitation, child support, etc. If you get an attorney, they can help you establish your custody over the child and obtain an order for you to get financial support to raise the child. They would know the laws where you live best, so that's the direction you should be looking in.
-Amy
IslamicAnswers.com Editor
Your rights and the rights of your child depend on the country in which you reside. If you can at least tell us the country you live in, some of us might be able to steer you in a direction where you can obtain some help in order to better answer your questions.
AOA
Sister, get an attorney..stealing children is against the law. You birthed that child and he should be amicable enough to share time with him when you all mutually agree. If he is acting irrational you need to seek legal help. You have no time to live in fear you have a child to raise. Kidnapping a child? how low can a man go?
the child has the right to know his father but if the father is abusive of the responsibility of fatherhood that could hurt the child. Be wise.
the child shouldnt pay for the indiscretion of its parents.