Wife uses her admission of adultery to deny husband his right to paternity
23 Aug 2011 07:42 GMT
 
I know the ruling that if a man claims that he is the father of a child while the mother is married to another man, then this man's word is not accepted and the child is attributed to the woman's husband unless he swears the oath known as li`ân to disavow the child. What about the case where the wife openly says that she committed adultery and attributes the child to the adulterer? There was a case where a woman left her husband without his divorcing her and came back pregnant less than six months later. She attributed the child to the man with whom she commited adultery. However, her husband accepted this child and refused to believe it was not his. To whom should such a child be attributed?

Answered by

Sheikh Hânî al-Jubayr, judge at the Jeddah Supreme Court

The child belongs to the husband and the adulterer has no right whatsoever to claim paternity.

We have the following hadîth related by `A’ishah:

`Utbah b. Abî Waqqâs requested from his brother Sa`d b. Abî Waqqâs to take away the son of Zum`ah’s wife, since `Utbah claimed that the child was not the son of Zum`ah, but actually his own son, by way of adultery.

Therefore, in the year of the conquest of Mecca, Sa`d took the boy claiming that the boy was his nephew and `Utbah’s son.

Zum`ah’s other son objected saying the boy was his brother and the son of his father’s wife and he was born on his father’s bed. Both of them arbitrated the matter to the Prophet (peace be upon him).

Sa`d said: “O Messenger of Allah, he is my nephew and my brother authorized me to place him under my custody.”

Zum`ah’s son said: “He is my brother and the son of my father’s wife and he was born on my father’s bed.”

The Prophet (peace be upon him) said to Zum`ah’s son: “He is yours.” Then the Prophet (peace be upon him) said: “The child belongs to the husband and the adulterer deserves nothing but to be stoned.”

[Sahîh al-Bukhârî (1948) and Sahîh Muslim (1457)]

Source: Islam Today



-- Al Arabiya Digital


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