Message No : 21Sr.No : 82/725
Question By : Dr. Zafar Iqbal

ASAK:

Is it true (or it is my imagination) that the child born out of wedlock has
no rights (in Islamic society). If the mother is stoned to death and the
father is not manly enough to own up his act of adultry, where is this child
suppose to go? Who is expected to provide shelter this victim?

Zafar Iqbal

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti: ODI, MMERC, Mumbai 

In the name of Allah the most gracious the most merciful

Wa Alaikumussalam
Dear Brother in Islam

The Glorious Qur¡¯an says, ¡° Nor can a bearer of burdens bear another¡¯s burden¡±. (35:18)


The child born out of wedlock is quite innocent. It did not commit any mistake. Therefore it should be taken care of. And that¡¯s why the Islam does not allow stoning the pregnant adulteress until and unless she gives the birth of the baby inside and suckles the baby till it starts eating food. A Hadith (Hadith-e-Ghamidah) says that a woman came to the Prophet (Sullallahu Alaihi Wasallam) and asked him to cleanse her (of the sin she committed by adultery). Having known about her pregnancy the Prophet (Sullallahu Alaihi Wasallam) asked her to come back after giving birth to the child. When the child was born she came again and asked the Prophet (Sullallahu Alaihi Wasallam) to cleanse her. The Prophet (Sullallahu Alaihi Wasallam) said, ¡°Go and suckle the child till it starts taking meal¡±. Again she came with the child, a piece of bread in its hand, asked the same question to cleanse her. And then she was stoned to death.

An Other report says that when she came back after bearing the child the Prophet (Sullallahu Alaihi Wasallam) said,¡°¡­¡­¡­¡­¡­ We will not stone her to death and leave her baby without any fosterer (one who can give the baby suck). A person from Ansar said, ¡°I will foster the baby O, Messenger of Allah¡± then she was stoned to death¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡­¡± (Mishkat 310)

The likeness of above-mentioned child (born out of wedlock and the mother has been stoned to death and the father neither admits the adultery nor there are four eye witnesses) is as the likeness of Laqeet (a child picked up from a place and no information about the parents).

According to the Islamic jurisprudence, it is the responsibility of Khalifatul Muslimeen (Head of Muslim state) to take care of Laqeet and whatever he needs will be provided from Baitul Maal (public exchequer). (Shami published by Maktaba-e-Rashidia V: 3 P: 308/344)

Therefore, the above-mentioned child in the question will be looked after by the Government and whatever he needs will be provided from Baitul Maal (public exchequer).

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