Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Dear Brother
AS Salaam Aleikum wa Rahmatullahi wa Barakatuh.

Jazakallah Khair.
if the Foster mother doesnt nursed the child, then as
per Islam what are the rights of child, can Father
give a part of his property to the child or not.

Thanks
Your brother.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Foster step mother

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Just for clarification sake, a ‘foster-mother’ is normally one who nurses or has given suck to the child; but if one’s father has married another wife, that wife would be the ‘step-mother’ of the child.

Your Question: then as per Islam what are the rights of child,

Allah Says in the Holy Quran Chatper 4 Surah Nisaa verse 22:

22 And marry not women whom your fathers married except what is past: it was shameful and odious an abominable custom indeed.

The male child will be regarded as a mehram of his father’s wife or ‘step-mother’; the child will obviously remain a legal heir and inherit from his father’s wealth but the child will not be a legal heir nor inherit of his ‘step-mother’.

Your Question: can Father give a part of his property to the child or not.
Allah Says in the Holy Quran Chatper 4 Surah Nisaa verses 11-14:

11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13 Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14 But those who disobey Allah and His Messenger and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

During the father’s lifetime, the father is obviously well within his rights to give his wealth to whomsoever he wills and pleases. The child is a legal heir of his biological father and will thus inherit his prescribed share of inheritance according to Shariah from the wealth of his father after his father’s death.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan