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:

Asslam Alaikum

Dear Brother,

I am in a great dilemma.. Pl answer m question. I had asked the  question  in this forum. But has not recieved a clear answer. I will repeat my question if the child born out of wedlock is brought up like a hindu as the mother is hindu and refuses to part with her child will the father who is a muslim be punished for her being a hindu? The mother of the child is a married hindu woman with children of her own. she is staying with her husband and the child is being brought up like a hindu child. what should the wife of the man do.. she is under great mental stress. She is confused as to what is right and what is expected of her according to shariah. She had offered to accept the child and bring her up but the the mother of the child refuses to give the child.Should she ask the other woman to leave her hindu husband and marry her husband? Will this act be correct? she is very confused. Her husband has returned back to her and had seeked forgiveness from allah. He is repentant of his act.She has also forgiven him and wants to lead a normal lifewith him. But this tension is not giving her any peace of mind. Kindly advise .. Jazak allah Khair!!

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Answer:

Child born out of wedlock

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.

Your Question: ….if the child born out of wedlock is brought up like a hindu as the mother is hindu and refuses to part with her child will the father who is a muslim be punished for her being a hindu?

If a child is born out of wedlock, the child belongs to the mother according to Shariah Law. Neither the biological father has any legal rights on this illegitimate child, nor does the child have any legal rights or responsibilities towards its biological father.

The biological father will not be punished for the woman choosing to be a mushrik, but what he will be severely accountable for in the Court of the Lord Most High is forming and developing an illegal and illicit relationship of ‘zina’ with a non-mehram woman!

Your Question: The mother of the child is a married hindu woman with children of her own. she is staying with her husband and the child is being brought up like a hindu child. what should the wife of the man do.. she is under great mental stress. She is confused as to what is right and what is expected of her according to shariah. She had offered to accept the child and bring her up but the the mother of the child refuses to give the child.

A child born out of wedlock belongs to the mother, and she alone is responsible for the child.

The legal wife of the man who committed the abomination of ‘zina’ has absolutely nothing to do with the ‘other woman’, or the illegitimate child whatsoever!

The mother of the illegitimate child is well within her rights not to give up custody of her child and raise the child as she wills and pleases.

Your Question: Should she ask the other woman to leave her hindu husband and marry her husband? Will this act be correct?

The legal wife of the man who committed the abomination of ‘zina’ is not responsible in the least for the crime committed by her husband. It would not be right at all for her to ask or even imply that the ‘other’ woman leave her husband and marry her husband!

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