Is My Biological Parent Considered My Father and Mahram If I Was Born Out of Wedlock?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
I was born out of wedlock, and my parents married about three months after my birth but later divorced. Is the man considered my father and mahram, and can he be my wali for marriage? Also, are his sons from another woman before and after my birth considered my mahrams, or must I observe hijab before them?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
The jurists state that if a man marries a woman he impregnates and the child is born after six months, the child is legitimate, attributed to the father, and inherits from him. If it is born before six months, the child is considered illegitimate, attributed to the mother, and inherits from her.
Regarding the relationship between you and the biological father, he is considered a Mahram, with whom marriage is forbidden. Therefore, it would be permissible for you to travel together unless there is a concern about temptation.
You will have to observe the rules of Hijab from your father’s male children. However, this does not mean that marriage between them is permitted.
[Ibn ‘Abidin, Radd al-Muhtar]
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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
