Inheritance: By an illegitimate child

Q275 :If a child is conceived before marriage, is he entitled to share of his father's inheritance when the father dies? If so, will this be on the same level as the shares of his brothers and sisters born after marriage?


A275 : As you realize, all sexual contact outside wedlock is strictly forbidden in Islam. This is part of the very serious view Islam takes of morality. Although the punishments prescribed for adultery and fornication differ in severity, with the severer punishment reserved to married adulterers, the fact that a punishment has been prescribed by Allah for such actions is more than enough to indicate their seriousness. However, a basic principle in Islamic justice is that no one bears the blame for another's fault. A child born as a result of an illegitimate relationship suffers no adverse discrimination on account of his parents' sin. However, such a child cannot prove that he is the son of his father unless the father acknowledges him. If the father makes such an acknowledgement, he is not asked about the circumstances of the birth of his child. His statement is accepted. Take for example the case of a young couple who get married after the woman is pregnant. The legitimacy of their first child is a question that no one will raise, since they have taken the right steps to bring the child into their family home. The child will inherit from his parents, along with his brothers and sisters, according to Islamic law, which gives a son twice the share of the daughter.


Our Dialogue ( Source : Arab News - Jeddah )