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al kafi 1524


Assalamualaikum. I would like to ask about the nasab of my child.

The situation is like this. I got married on 23rd of November 2019, and on 9th December 2019, I took a pregnancy test and discovered that I am pregnant. The result is positive. Then, I went to the clinic and the doctor verified that I have been pregnant for 6 weeks already. For the information of ustaz/ustazah, I already had intercourse with my husband before we got married. I also did a pregnancy test on the 7th November 2019 and the result is negative. I do not have any information about my pregnancy until I feel nauseous a few days after I got married.

My question is:

  • I realize that my child is a child out of wedlock, but can he be said as my husband’s legal child?
  • If my child comes out a daughter, will my husband be eligible to become her wali? Hope for a detailed explanation. Thank you.



Waalaikumussalam w.b.t,

Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

Firstly, we would like to congratulate you on your marriage which recently took place. We pray to Allah SWT to bless both spouses as well as gather both of them in goodness and happiness.

Secondly, we would like to advise both of you to repent to Allah SWT from the act of fornication which took place before marriage to ponder on the saying of Allah SWT:

وَلَا تَقْرَبُوا الزِّنَىٰ ۖ إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا

And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.

Surah al-Isra’ (32)

Allah SWT also says:

وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلَا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا ۚ وَأُولَـٰئِكَ هُمُ الْفَاسِقُونَ ﴿٤﴾ إِلَّا الَّذِينَ تَابُوا مِن بَعْدِ ذَٰلِكَ وَأَصْلَحُوا فَإِنَّ اللَّـهَ غَفُورٌ رَّحِيمٌ ﴿٥﴾

And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient, (4) Except for those who repent thereafter and reform, for indeed, Allah is Forgiving and Merciful. (5)

Surah al-Nur (4-5)

Our advice is for both spouses to provide themselves with religious knowledge, performing more good deeds and correct each other.

Pertaining to the issue of a child born out of wedlock, referring to the fatwa gazetted in Federal Territories, a child born out of wedlock is a child from:

  • Intercourse happens before the aqad of marriage either due to zina or rape; or
  • Through any scientific method contradict with the Shari’a rulings, and not a child born from a syubhah intercourse, or a child from slavery, or
  • A child born in a period of less than six months from the date of marriage through Qamari calendar.

Refer Himpunan Fatwa Wilayah Persekutuan 1987-2019 (pg. 198-199)

This is in line with a hadith of the Prophet PBUH as the following. It is narrated that Aisha R.Anha said:

 كَانَ عُتْبَةُ عَهِدَ إِلَى أَخِيهِ سَعْدٍ أَنَّ ابْنَ وَلِيدَةِ زَمْعَةَ مِنِّي، فَاقْبِضْهُ إِلَيْكَ‏.‏ فَلَمَّا كَانَ عَامَ الْفَتْحِ أَخَذَهُ سَعْدٌ فَقَالَ ابْنُ أَخِي عَهِدَ إِلَىَّ فِيهِ‏.‏ فَقَامَ عَبْدُ بْنُ زَمْعَةَ فَقَالَ أَخِي وَابْنُ وَلِيدَةِ أَبِي، وُلِدَ عَلَى فِرَاشِهِ‏.‏ فَتَسَاوَقَا إِلَى النَّبِيِّ صلى الله عليه وسلم فَقَالَ سَعْدٌ يَا رَسُولَ اللَّهِ ابْنُ أَخِي قَدْ كَانَ عَهِدَ إِلَىَّ فِيهِ‏.‏ فَقَالَ عَبْدُ بْنُ زَمْعَةَ أَخِي وَابْنُ وَلِيدَةِ أَبِي، وُلِدَ عَلَى فِرَاشِهِ‏.‏ فَقَالَ النَّبِيُّ صلى الله عليه وسلم ‏"‏ هُوَ لَكَ يَا عَبْدُ بْنَ زَمْعَةَ، الْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ الْحَجَرُ ‏"‏‏.‏ ثُمَّ قَالَ لِسَوْدَةَ بِنْتِ زَمْعَةَ ‏"‏ احْتَجِبِي مِنْهُ ‏"‏‏.‏ لِمَا رَأَى مِنْ شَبَهِهِ بِعُتْبَةَ، فَمَا رَآهَا حَتَّى لَقِيَ اللَّهَ

`Utba (bin Abi Waqqas) said to his brother Sa`d, "The son of the slave girl of Zam`a is my son, so be his custodian." So when it was the year of the Conquest of Mecca, Sa`d took that child and said, "He is my nephew, and my brother told me to be his custodian." On that, 'Abu bin Zam`a got up and said, 'but the child is my brother, and the son of my father's slave girl as he was born on his bed." So they both went to the Prophet. Sa`d said, "O Allah's Messenger (ﷺ)! (This is) the son of my brother and he told me to be his custodian." Then 'Abu bin Zam`a said, "(But he is) my brother and the son of the slave girl of my father, born on his bed." The Prophet (ﷺ) said,

هُوَ لَكَ يَا عَبْدُ بْنَ زَمْعَةَ، الْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ الْحَجَرُ

"This child is for you. O 'Abu bin Zam`a, as the child is for the owner of the bed, and the adulterer receives the stones."

He then ordered (his wife) Sauda bint Zam`a to cover herself before that boy as he noticed the boy's resemblance to `Utba. Since then the boy had never seen Sauda till he died.

Sahih al-Bukhari (6749) and Sahih Muslim (1457); Refer the explanation of this hadith in our article entitled Bayan Linnas Series 106: The Issue of Naming with ‘bin/binti Abdullah’ towards Child Out of Wedlock by Court of Appeal

Hence, it should be seen by the time of the birth of the child. If the child is born less than the period of six months from the date of marriage according to Qamari calendar, then he is considered as an out-of-wedlock child. If it is more, then he is considered as a legitimate child of your husband of that marriage. Sheikh Muhammad al-Zuhayli said in al-Wasit (2/308):

“If a husband gets to know that his wife committed fornication, but there is a possibility that the child either comes from him or the action, so it is haram for him to deny the child because he should acknowledge the firasy (a marriage or slavery relationship), and it is also haram to do qazaf and li’an according to a sahih opinion.”

The next issue is if the child comes out a daughter, is it permissible for the husband to become her wali? The answer depends on the first issue. The husband is prohibited to become the wali if the child is born for a period of less than six months from the date of marriage, and it is permissible if it is the opposite.

May this answer gives understanding to the questioner. Wallahua’lam.