How Should a Child Born Outside Marriage Be Treated?

Answered by Mawlana Ilyas Patel

Question

If a man had intercourse with his ex-wife after divorce and she became pregnant without remarrying, can he legally recognize the child, seek visitation rights, or apply for joint custody according to Islamic law?

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.

If a child is born out of wedlock, Islamically, it is not the “legal child” of the biological father. However, with human and Islamic decency, the child should be loved, supported, and brought up just like any other child.

Therefore, do your best to support the child and nurture as you would any other normal child. Allah will reward you and be pleased with your efforts, just as he would for any other child.

All Children Are Equal Before Allah, Most High

No child should be treated or considered as less equal, illegitimate, or in any way worse than a child born in wedlock. This goes against Allah’s clear command in Surat al-An‘am that no one shall bear the burdens of another. [Quran, 6:164]

Indeed, it is said that ‘Aisha (Allah be pleased with her), when asked about a child of adultery, responded that the child has nothing of the sin of the parents and cited this verse as her proof. [Ibn Abi Hatim al-Razi, Tafsir al-Quran al-Adhim]

Therefore, it should be treated as a normal and valued human being. It should be free from any stigma attached to it. There is absolutely no Islamic basis for anyone to direct any type of anger toward the child.

I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

Related: Why Shouldn’t a Father Take Care of a Child Born Out …

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I pray this helps with your question.
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. Currently, he resides in the UK with his wife and is interested in reading and gardening.