Rights of Children Born Out of Wedlock
Name of Mufti: Group of Muftis
Topic: Rights of Children Born out of Wedlock
Name of Questioner: A Muslim from USA
Question: Dear scholars, As-Salamu `alaykum. I am a Muslim male convert from USA. I have two children from before I accepted Islam and they were both born out of wedlock in an unlawful relationship before I met my wife.
Since accepting Islam I gained custodial rights over them but not custody. They live with me and my wife who also have two children and of course I care for and maintain them. I call them son (6) and daughter (5) and they call me father. My wife calls them step-son and daughter and they call her step-mother.
I have learned that in Islam, children of zina are not ascribed to the father and that there is no parent/child rights between them. They are considered orphans and there is no term as step-parent. Having said all of this back ground info., my question is what are the relations between us according to Shari`ah? Should I allow them to know they are orphans? If their birth mother wants them back though she refuses acceptance of Islam should I allow them to leave my home to live with her? If I am not considered their father than what is our duty to them and them to us? Jazakum Allah khayran.
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear brother in Islam, we commend your pursuit of knowledge and your keenness to seek what is lawful and avoid what is not. We earnestly implore Allah to bless your efforts in this honorable way.
First of all, it is to be stated that adultery and producing a child out of wedlock is indeed an enormous sin in Islam. However, a non-Muslim who embraces Islam should be assured of the promise of the Messenger of Allah who said,“Islam wipes out all of one’s past sins.” In other words, on becoming a Muslim every single sin you had committed in the past, no matter how enormous and ugly they were, will be blotted out, and thus once again you will become like a new born baby, and hence free of all sins. Furthermore, Allah’s infinite compassion is such that while, upon embracing Islam, you are absolved of all of your past sins, you carry over to Islam all of the good deeds you ever happened to do in the past: It is indeed a double mercy.
Secondly, as for the child born out of wedlock, like every other child, he or she is born sinless; it does not carry the stigma of the sin of the father or mother or both. A basic principle in Islamic justice is that no one bears the blame for another’s fault. A child born as a result of an illegitimate relationship suffers no adverse discrimination on account of his parents’ sin.
Responding to the question in point,Dr. Muzammil H. Siddiqi, former President of the Islamic Society of North America, states:
“The Prophet (peace and blessings be upon him) said that Islam removes the sins of the past. Since you accepted Islam, Inshaa’Allah you will receive the forgiveness for your past sins.
Since you acknowledge that those children are yours, you are their father and they are your children. They are not orphans as long as you are alive. If you want to take care of them, then you should do that, but if their mother wants them, that is acceptable.
Most importantly, try to raise them as Muslims. Because this thing happened before Islam, these children will inherit from you if they are Muslims, but if they do not accept Islam, then they will not have the rights of inheritance from you. The Prophet (peace and blessings be upon him) said that a Muslim doesn’t inherit from a non-Muslim and a non-Muslim doesn’t inherit from a Muslim. However, you are allowed to give them a share from your will, which should not be more than 1/3 of your assets.”
In this respect, the prominent Muslim scholar, Sheikh Muhammad Iqbal Nadvi, Imam of Calgary Mosque, Alberta, Canada, and Former Professor at King Saud University, Riyad, Saudi Arabia, adds:
“The children born out of wedlock deserve all the care they need as children; thus you should provide them with all the requirements and elements to make them succeed in this life.
They are not responsible for the past deeds of their parents. However, the attribution of the child’s name to the father is based on the acceptance of the father. If he approves of it, then he/she can be named after him.”
Sex and Our Muslim Youth
Sex and the Muslim Youth – What Parents Need to Know
By Dr Ahmed Adam
Medical Physician, Counselor, and Writer — S. Africa
The topic of sex has universal appeal. Sex is portrayed daily in various forms-directly or indirectly-in newspapers, magazines, cinemas, and in conversations between people. The topic of sex conjures images of promiscuity, lewdness, adultery, fornication, pornography, teenage pregnancies, pedophilia, gays, sexually transmitted diseases, contraceptives, abortions, and HIV/AIDS.
Yet somehow, despite the fact that “everyone” is influenced by this topic, it seems that most parents find this topic somewhat “delicate” to discuss with their children. Children of today seem to be maturing at a faster rate than a generation ago and often ask intelligent questions of their parents.
Some parents do their level best to satisfy their children’s natural curiosity.
Other parents simply don’t know how to handle their fast-growing kids and often assume that the less said about the subject of sex, the better. In some homes the word “sex” is taboo, and children are often reprimanded for asking innocent questions. Parents assume that children will grow up and “they will learn,” or that the school or friends are “responsible” for sharing this knowledge.
The reality is that parents who have this view are overlooking a major and significant source of correct information regarding this topic -themselves! Our children have the right to be given an unbiased view of sex, based on the Qur’an and the Sunnah of Prophet Muhammad (peace and blessings be upon him).
The Western media are very powerful, and often the main driver is money rather than values based on sound moral principles and with their roots in religion. This essay deals with this topic in an objective manner to throw some light on this issue and thereby, perhaps, give some confused teenagers a clearer perspective of the choices that they can make.
I am not a moralist or a mawlana. I do not intend to be judgmental of any individual, group, or society, but simply give my opinion on this topic from an Islamic point of view. Any errors are my own and I seek the forgiveness of Allah Most High for any errors contained in this article.
Studies have shown that the average teenager and preteen receive their sex education from the following sources in order of priority:
1- Friends, who may then share pornographic magazines, books, and Internet
2- TV and movies, which then lead to magazines and newspapers, or school (video or discussions of video), parents (through discussion of TV and movies)
Parents fail to realize that everyone is teaching their children about sex except them. Everyone is telling your children about sex, so how sure are you that this information is based on the guidelines laid down in Islam?
Sex is a fashionable industry that changes like the flavor of the month. Sex is a topic that advertisers and marketers use very effectively to sell their products. Unfortunately, the sources of information available to the preteen are often biased. Illusions are created that everyone is having sex … in these modern times, anything goes … you only live once, so make the most of it, and it is “cool” to chew a particular brand of chewing gum or smoke a particular brand of cigarette because that will make you rich and successful and ensure that you can attract the perfect partner. In fact, the reality is far removed from the illusion that is fed to the senses of our unsuspecting youth.
With aggressive and sustained marketing, society comes to accept abnormal activities as normal. Ten years ago, what was considered abnormal, unthinkable, abhorrent, immoral, and shameful, is today considered fashionable, normal, and modern. A typical example is that after watching a few episodes of any prime-time soap opera on TV, one gets the impression that adultery is acceptable and normal; premarital sex fashionable, and that deceit, trickery, lying, and manipulation are essential to get your man or woman, no matter what the cost or the hurt that others suffer in the process.
Furthermore, the printed and visual media create the impression that marriage is old fashioned, live-in relationships and cohabitation are in vogue, and being gay is fashionable. Homosexuality, bestiality, and escort clubs (prostitution) are all normal. We have reached a stage (through effective marketing) where certain individuals in society justify everything by their right to freedom of expression. If this is really freedom, then why do we see so many examples of the following scenarios:
1- Young adults are being infected with the HIV virus at an alarming rate. South Africa has one of the fastest growing number of infected people in the world; HIV/AIDS has reached epidemic proportions in this country. The age group that is mainly targeted is teenagers and young adults.
2- A devout mother, loyal to her husband, suddenly develops a sexually transmitted disease (such as syphilis, gonorrhea, herpes, or even HIV/AIDS); how did this happen? STDs have reached epidemic proportions in America, where 40 million people are infected with some form of STD.
3- Teenage pregnancy is on the increase; girls as young as 11 are getting pregnant-a child is pregnant with a child. Many teenagers are having abortions, which leads to emotional, physical, and mental side effects.
4- Girls as young as 10-12 are having unprotected sex, with devastating consequences. When questioned, these young children say, “No one told me that it is wrong.”
5- Wonderful homes break up and end in divorce because the husband (or wife) was having an adulterous relationship; the main victims in this scenario are the children.
6- Females as young as 2 and as old as 80 are being raped.
7- Homosexuality is on the increase; acts of sodomy that were once considered an abomination against humanity, are now considered normal to the extent that gay marriages are being allowed in some parts of the world.
8- More and more relationships end up in hurt, depression, unhappiness, conflict, and regret.
The above examples show that the issue of sexual liberation has in fact enslaved the very people that it attempts to free. The sexual liberators are being enslaved in the chains of disease, depression, divorce, dissatisfaction, double standards, deceit, and discontent. Individuals, organizations, and governments are actively searching for solutions to halt this tide of immorality and its associated truckload of problems.
Recent research has shown that two-thirds of the schools in America are now promoting the idea of “no sex before marriage” and that “safe sex” is not the use of condoms, but safe sex is “no sex before marriage,” and only one sex partner for life (no adultery). Furthermore, many states in the US are promoting the idea of having pride in remaining a virgin until marriage, and many students are signing certificates vowing their commitment to this new “fashion” of abstinence.
How long will this last? Will we once again undergo a new sexual revolution? The answer to this dilemma and to all dilemmas facing any society where the fabric of society is under threat from immorality, alcoholism, drugs, gambling, crime, dishonesty, and materialism can be found in the Qur’an, which has been sent for all humanity. Its principles have a universal application for all times. It was the task of the Prophet Muhammad (peace and blessings be upon him) to give a practical implementation of the universal message of the Qur’an so that anyone who follows the perfect example of the Prophet (peace and blessings be upon him) will be on the straight path.
The Islamic View of These Problems
Adultery means to have sex with a person who is not your legally married partner; there are two types of adultery:
1- A married person who has sex with an unmarried person
2- A married person who has sex with another married person
Would you like adultery for your mother, wife, sister, or daughter? If not, then why perpetuate it or condone it? There are several verses in the Qur’an and many authentic hadith of the Prophet (peace and blessings be upon him), which give clear guidance on the choices that we can make.
[Say: the things that my Lord hath indeed forbidden are: shameful deeds, whether open or secret;….] (Al-A`raf 7:33)
[Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils).] (Al-Israa’ 17:32)
1- Marriage is a sacred relationship between a husband and wife. When either spouse has a sexual relationship outside this relationship, this is usually done secretly; thus there is breakdown of trust in the relationship.
2- The guilty party may contract a sexually transmitted disease, which can then be transmitted to the innocent victim.
3- The victim is usually the female. She has two options, either stay and ignore what the father of her children is doing, or ask for a divorce. If the woman does not have a source of income, she either has to return to her parents and thus be a burden on them, or eke out a living and thus raise her children in poverty.
4- Children are the innocent victims in divorce. They bear the brunt of the constant fights between their parents and grow up with emotional and psychological scars.
Fornication (zina) means to have sex with anyone while not yet married; there are two types of fornication:
1- An unmarried person who has sex with another unmarried person.
2- An unmarried person who has sex with a married person; in this case, it is fornication for the unmarried person but adultery for the married person.
Those who invoke not, with Allah, any other god, nor slay such life as God has made sacred, except for just cause, nor commit fornication; and any that does this (not only) meets punishment (but) the Penalty on the Day of Judgment will be doubled to him, and he will dwell therein in ignominy. (Al-Furqan 25:68-69)
In this verse, the sin of fornication is given its seriousness by being ranked as follows:
- The first major sin is associating partners with Allah Most High.
- The second major sin is murder.
- The third major sin is fornication.
The Prophet (peace and blessings be upon him) said, “When a man commits fornication, faith departs from him and there is something like a canvas roof over his head; and when he quits that action, faith returns to him.” (Abu Dawud #4673).
The Prophet said, “The one who commits illegal sexual intercourse is not a believer at the time of committing illegal sexual intercourse, and a thief is not a believer at the time of committing theft, and a drinker of alcoholic drink is not a believer at the time of drinking. Yet, (the gate of) repentance is open thereafter.” (Al-Bukhari 8, 801).
Furthermore, the punishment is described in the following verse: The woman and the man guilty of adultery or fornication-flog each of them with a hundred stripes: let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day. (An-Nur 24:2).
Furthermore, if the girl becomes pregnant as a consequence of this premarital or extramarital act, then the child is not considered a legal heir according to the following hadith:
The Prophet (peace and blessings be upon him) said, “If a man commits fornication with a free woman or a slave woman, the child is the product of fornication, and neither does he inherit nor may anyone inherit from him.” (At-Tirmidhi #3054).
Marriage is the public proclamation that gives legal, physical, and spiritual license to have sex with your partner.
Let those who find not the wherewithal for marriage keep themselves chaste until Allah gives them means out of His Grace. (An-Nur 24:33)
For Muslim men and women, for believing men and women, for devout men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast, for men and women who guard their chastity, and for men and women who engage much in Allah’s Praise-for them has Allah prepared forgiveness and a great reward. (Al-Ahzab 33:35)
Muslim males and females are enjoined to marry. There are various guidelines pertaining to selecting a suitable partner in life. This choice cannot be left to chance. However, if anyone does not have the means to marry, this dilemma does not entitle anyone to fornicate; rather he or she is enjoined to remain chaste and to patiently persevere and seek help from Allah Most High. To guard your chastity is a test from Allah Most High and requires a lot of discipline and willpower. However, those individuals who succeed in avoiding fornication and adultery, [for them has Allah Most High prepared forgiveness and a great reward.] Furthermore, according to the following verses, there are clear instructions for those people who commit fornication and then decide to marry:
Let no man guilty of adultery or fornication marry any but a woman similarly guilty, or an unbeliever: nor let any but such a man or an unbeliever marry such a woman: to the believers such a thing is forbidden. (An-Nur 24:3)
(Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book, revealed before your time, when you give them their due dowers, and desire chastity, not lewdness, nor secret intrigues. (Al-Ma’idah 5:5)
These verses emphasize the need and pursuit of sexual purity both before marriage and within marriage, and give guidelines as to the selection of a partner. Sex counselors and psychologists now confirm the wisdom behind these verses. A person who has multiple partners is always comparing the spouse’s performance to that of other partners. If an “experienced” boy marries a virgin wife, he may be unhappy with her inexperience and may expect (and sometimes demand) more. This can lead to a very fragile relationship, which is bound to flounder. Unfortunately, some men have a double standard wherein they feel free to have sex with multiple partners before marriage, but insist that their wife must be a virgin.
Sex and Hygiene
Islam places a very high emphasis on hygiene and cleanliness. This requirement, together with sexual purity both before marriage and during marriage, tremendously minimizes the risks of diseases associated with the sexual organs. The need and emphasis on cleanliness is highlighted in the following:
O ye who believe! when ye prepare for prayer wash your faces and your hands (and arms) to the elbows; rub your heads (with water); and (wash) your feet to the ankles. If ye are in a state of ceremonial impurity, bathe your whole body. (Al-Ma’idah 5:6)
Abu Hurayrah (may Allah be pleased with him) reported that the Prophet (peace and blessings be upon him) said, “When anyone sits between the four parts of her body and exerts himself (has intercourse), bathing becomes obligatory (for both).” (Muslim)
Prostitution is forbidden in Islam as indicated in the following hadith:
A slave girl of some Ansari came and said, “My master forces me to commit fornication.” Thereupon, the following verse was revealed: But force not your maids to prostitution. (Abu Dawud #2304).
It is a very sad reflection on our society that some people are forced into prostitution due to circumstances that may be beyond their control. The most wicked and severe form of prostitution is that of child prostitution, enforced either by their parents (very rarely, but most abhorrently), caregivers, or swindlers. Furthermore, studies have shown that there is a very high correlation between prostitution and drugs. Drug dealers usually prey on unsuspecting teenagers at shopping malls, cinemas, and schools, by offering them free drugs. The unsuspecting teenagers become addicted and involuntarily become “customers for life” to these drug dealers. The teenagers then resort to begging, stealing, and prostituting to service this habit.
Teenagers should be on the alert for pimps and drug dealers-nothing in life comes for free, there is always a catch. Be alert. Furthermore, be very alert to the dangers presented by pedophiles who derive a perverted sense of pleasure in abusing young children.
Willpower and Discipline
Adultery and fornication do not happen automatically. The mind plays an important role in the whole scenario. Everyone is constantly bombarded with visual, auditory, and tactile stimuli that are processed in the mind. These messages can either be controlled or uncontrolled. If teenagers have low self-esteem and want to be accepted, they will give in to temptation. On the other hand, teenagers who are firm in their faith in Allah Most High and who have positive self-esteem, use their willpower to control temptation and channel it into another form of energy.
Abu Hurayrah reported that the Prophet (peace and blessings be upon him) said, “Allah Most High has written for the son of Adam his inevitable share of adultery, whether he is aware of it or not: The adultery of the eye is looking (at something which is sinful to look at), and the adultery of the tongue is to utter (what it is unlawful to utter), and the inner-self wishes and longs for (adultery) and the private parts turn that into reality or refrain from submitting to the temptation” (Al-Bukhari 8, 609).
Prevalence of Illegal Sex
The Prophet (peace and blessings be upon him) said, “From among the portents of the hour is that (open) illegal sexual intercourse will prevail, and men will decrease in number while women will increase” (Al-Bukhari 8, 800A).
This hadith of the Prophet (peace and blessings be upon him) very accurately describes our current state of affairs. San Francisco and Sydney are famous for their “gay liberation” celebrations. Nudist colonies, escort agencies, pornography, teenage pregnancies, and adultery are so common that people seem to be fighting a losing battle against this tidal wave of immorality and have come to accept all of these activities as the “modern generation.”
Furthermore, with each generation, the level and availability of lewdness is increasing; for example, pornography is available in our homes on TV and the Internet, thus affecting the mindset of our children from an early age. Homosexuality is gaining support throughout many parts of the world. Some advocates of the gay movement are claiming that they are born gay. This is a ruse to cover their shameful behavior. Homosexuality is a lifestyle choice. Allah Most High created everything in pairs, male and female. Anyone who goes against this plan will be answerable to Allah Most High.
The above verses from the Qur’an and various hadith of the Prophet Muhammad (peace and blessings be upon him) clearly indicate that both fornication and adultery are forbidden in Islam; furthermore, the long-term harm of these acts far outweigh and short-term momentary gratification.
In simple terms, the Islamic requirement is as follows:
1- Boys and girls should not have sex before they are married
2- Sex is only permissible between legally married partners
3- Within the arena of the marriage contract, sex is a sacred, private, and personal act between the married couple only; this means that the husband and wife should guard their “bedroom secrets” from all prying ears and eyes.
4- Neither of the partners is allowed to have sex with anyone else. This means that neither the husband nor the wife can indulge in the un-Islamic practices of wife swapping parties, visiting prostitutes, or having sex with another married or single person.
5- If the husband is legally married to more than one wife (up to a maximum of four) then he is legally allowed to have sex with all four wives provided that he treats all of them equally.
6- When in doubt about anything, use the Qur’an and the Sunnah of the Prophet (peace and blessings be upon him) to give clarity on any matter.
Role of Parents
Our children are faced daily with images from TV, movies, videos, Internet, newspapers, magazines, books, and friends about the “sexual revolution.” Their young minds are being brainwashed with ideas that morals, modesty, and values are old-fashioned. If we do not tell our children about the facts of life and what is acceptable moral behavior from a cultural, and, more importantly, from an Islamic viewpoint, then we should share the blame with our children if they become ensnared in the vices of sex, drugs, teenage pregnancy, prostitution, alcohol, and gambling. The methodology should be as follows:
Advice to a Preteen Daughter
Your body is now undergoing various changes that will prepare you to be a woman. With these changes comes the responsibility that you will one day be a mother. Your body will undergo various changes in the size of your breasts, face, height, weight, as well as the onset of a flow of menstrual blood on a regular basis every month-this is nothing to be scared of, it is Allah Most High’s miracle, where your womb is made ready every month to receive an egg for fertilization.
These changes are coming much earlier in this generation compared to a few decades ago. Children are maturing much faster than we can ever imagine. In previous generations, young girls started menstruating from the age of 13 years; today, girls as young as 9 years are beginning to menstruate. This means that if you have sex at this age, you can become pregnant. If you become pregnant at this age, your life will be shattered and the whole course of your life will be changed. Your dreams, goals, and wishes to pursue a career may have to be postponed or abandoned forever.
You must be happy with your own body. Your body will undergo various hormonal changes, which will lead to emotional changes and mood fluctuations as well as pimples. This is a time for conflict with everyone, and parents have to restrain themselves and discuss issues with love and understanding. The main word of caution for you is to avoid peer pressure from your friends, who will encourage you to start experimenting with kissing and sex. Some teenagers can make very hurtful remarks and may make you feel very isolated if you do not participate. Don’t listen to them. You must have enough confidence in yourself that you are following the commands laid down by Allah Most High and you should simply say “No, I am not interested.” It will be a decision that you will never regret.
Particularly avoid the older boys and men. They will shower you with gifts, flowers, and false proclamations of love, but they are simply throwing out a net to get you into bed so that you lose your virginity. They will then dump you and go to the next unsuspecting girl. You will have lost various personal things in the process:
1. You will have lost your virginity.
2. You will have contravened the Qur’anic injunction not to commit fornication (zina).
3. You may well have gained an unwanted pregnancy (many girls still have the mistaken myth that they cannot fall pregnant after their first sexual encounter.)
4. You may have gained a sexually transmitted disease (including HIV/AIDS). There are no cures for some sexual diseases: herpes and genital warts, for example. Some diseases, if not properly treated, can lead to infertility and you will not be able to have children. Or they lead to an increased incidence of cancer of the cervix (entrance to the womb).
Advice to a Preteen Son
Your body is undergoing various changes that will prepare you to enter adulthood so that one day you can be a father. You will notice changes in your voice; you may develop acne and hair on various parts of your body. Nocturnal emission is common at this age, as well as mood swings. Your natural body odors will increase, so it is important for you to bathe regularly and pay special attention to personal hygiene. Your body will be growing rapidly and you will need to eat a lot, exercise a lot, and sleep a lot to allow your body to gain maximum physical benefits.
You will be encouraged or ridiculed by some of your friends to have sex with a girl. You should be confident in your abilities as a freethinking individual to make your own choices based on the Qur’an and the Sunnah of the Prophet (peace and blessings be upon him). You should treat all girls and women with respect, kindness, and courtesy-not as a commodity that can be used, abused, and thrown aside.
You will see advertisements on TV and in newspapers and magazines that in order to avoid HIV/AIDS, you should use a condom. Remember that this is not what Islam teaches us. Islam says safe sex is “no sex before marriage.” Indulge in all activities that will develop your mind, body, and spirit within the framework of Islam. These are wonderful years that you are going through, free of responsibility (except the homework!). Try to be the best “you” you can be.
Allah Most High has given mankind free will. We all have to make choices in life. However, life offers us a whole banquet of choices and delicacies that sometimes lead to a state of utter confusion or paralysis.
- What is the right decision?
- Whom should I please?
- What is fashionable?
- Will my decision open me to ridicule?
An undecided person is always a victim of circumstance, a pawn in the hands of the fashion trendsetters. The ones at peace are those individuals who use the Qur’an and the Sunnah of Prophet Muhammad (peace and blessings be upon him) as the compass to set the right course and to differentiate right from wrong.
There is much good in this wonderful world; however, there are many temptations. Temptations are present as a test for all of us. Ultimately, we are the decision-makers. We can only make informed decisions based on knowledge. Many governments are now firmly advocating the policies of virginity, no sex before marriage, no adultery, and so on, in a desperate attempt to re-kindle the value systems of prior generations.
The beauty of Islam is that the instructions and guidelines contained in the Qur’an are valid forever and are immune to the vicissitudes of the latest trend. Allah Most High created us. It therefore follows that He knows what is best for us. I do hope that this brief discussion has thrown some light on this very vast topic. I also hope that the current generation of teens and preteens who are often faced with difficult choices will have a clearer foundation on which to base their decisions.
Finally, a new generation of preteens is developing. It is our collective responsibility, as a community and a nation, to give clear guidelines to our youth. Our youth is our future and our destiny. May Allah Most High, Most Gracious, worthy of all praise, in His infinite wisdom and mercy, guide us, and our youth to a path that is straight.
Dr Ahmed Adam is a medical doctor by profession. He has four university degrees in the fields of science and medicine.
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