Islamic Inheritance Laws for Illegitimate Children

Question: Does an Illegitimate Child Get an Inheritance in Islam?

Praise to Allah

Summary:

1. • In general, Islamic principles state that an illegitimate child (one born out of wedlock) does not inherit from the biological father. However, scholarly opinions vary on this issue.
   • The child can inherit from the mother and her family without any dispute.
2. Differing Views on Paternal Inheritance:
   • First View: An illegitimate child is not attributed to the father, even if he acknowledges the child. Consequently, the child does not inherit from the father, and the father does not inherit from the child. This view is supported by scholars such as Shaykh Ibn Ibraaheem, Shaykh Ibn Baaz, and the Standing Committee (al-Lajnah ad-Daa’imah)​ 
   • Second View: If the biological father acknowledges the illegitimate child, the child can be attributed to him and thus may inherit from him. This opinion is supported by Shaykh al-Islam Ibn Taymiyah, Ibn al-Qayyim, and contemporary scholars like Shaykh Ibn ‘Uthaymeen. This view argues that the child is biologically the father’s, and there is no clear evidence against attributing the child to him​ 

Detailed Answer:

Inheritance Rights of an Illegitimate Child:

Islam places significant emphasis on lineage (nasab) for inheritance rights, ensuring the protection of family structure and clarity of blood relations.

• Maternal Inheritance: An illegitimate child has the right to inherit from the mother and her relatives. The mother’s lineage is undisputed, allowing the child to claim inheritance from her side.
• Paternal Inheritance: Scholarly opinions on paternal inheritance for an illegitimate child are divided:
  • First View: In principle, a child born out of wedlock is considered illegitimate and is not principally attributed to the father. As a result:
    • The child does not inherit from the father’s estate if the father passes away.
    • The biological father does not inherit from the child’s estate if the child passes away.
    • This view is supported by the principle that the child is not to be attributed to the zaani (the one who committed zina) even if he acknowledges the child and names him after himself.
  • Second View: If the biological father acknowledges the illegitimate child, the child can be attributed to him and may inherit from him. This view is based on the understanding that:
    • The child is biologically the father’s.
    • There is no clear, sound, shar‘i evidence to indicate that the child should not be attributed to him.

Establishment of Lineage (Nasab):

Islamic law regulates sexual relations to maintain the sanctity and clarity of lineage, which is essential for inheritance rights, mahram relationships, and social responsibilities.

• Importance of Nasab: Lineage ensures the protection of rights and fulfillment of duties within a family. Children born within a lawful marriage have clearly defined family ties and inheritance rights.
• Legal and Social Implications: The absence of a legitimate marital bond means the child cannot claim paternal lineage unless acknowledged by the father under the second view. This protects the integrity of family units and ensures the rightful distribution of wealth.

Implications for the Illegitimate Child:

While the child may not inherit from the father under the first view, it is crucial to understand that the child should not be blamed or stigmatized for the circumstances of birth. Islam emphasizes justice and mercy, ensuring the child receives care and support.

• Social Responsibility: The Muslim community is encouraged to support and care for all children, regardless of their birth circumstances, ensuring they have opportunities and support to lead righteous lives.

Conclusion:

The inheritance rights of an illegitimate child in Islam depend on differing scholarly views. According to the first view, the child does not inherit from the biological father, while the second view allows for inheritance if the father acknowledges the child. However, the child is entitled to inherit from the mother and her family. These principles underscore the importance of legitimate marriage in establishing clear and legitimate family ties, ensuring proper distribution of inheritance, and protection of family structure.

And Allah Knows Best