Inheritance of a child that was conceived out of wedlock
Question
If a child was conceived out of wedlock and the adulterer then marries the adulteress, can that child inherit from the father? What are the rulings according to Hanafi and Shafi’ee schools of thoughts?
Answer
If a person impregnated a woman out of wedlock and then marries her and she delivers six months later (after the Nikah), then the child will be attributed to the father. In this instance, the child will inherit from the father. However, if she delivers before a period of six months has elapsed (from the time of Nikah), then the child will not be attributed to the father but will be attributed to the mother. In this instance, the child does not inherit from the father. The above ruling is according to the Hanafi school of thought. You should contact a Shafi’ee scholar for a ruling according to the Shafi’ee school of thought.
References (Arabic / Urdu sources)
فَإِنْ جَاءَتْ بِوَلَدٍ لِسِتَّةِ أَشْهُرٍ مُنْذُ تَزَوَّجَهَا ثَبَتَ النَّسَبُ مِنْهُ (المبسوط للسرخسي ص282 ج17)
- Answered by
- Mufti Mohammed Desai
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