Question:
A Christian girl, who had a daughter born from an illicit sexual relationship (without marriage), and who has now become Muslim, if she marries a Muslim man, to whom will her daughter be attributed?
Answer by Fazilatul Alim Hafiz Khizr Hayat (may Allah preserve him)
The legal status of a child born from zina:
Regarding a child born from zina, the Prophet ﷺ said:
“الولد للفراش وللعاهر الحجر”
Translation: “The child belongs to the bed (the husband of the marriage contract), and for the adulterer there is only the stone.”
Two possible situations
➊ First situation:
◄ If the adulterous woman is married, then a child born from zina will be attributed to her husband, because the bond of her marriage exists.
◄ Accordingly, the child will be considered the child of this woman’s husband, and there will be no attribution of any kind to the adulterer.
➋ Second situation:
◄ If the woman is unmarried (as in the case under question), then a child born from zina will be attributed to the mother, because there is no lawful husband there.
◄ Attributing the child to the adulterer is not correct.
◄ This child will be called by the mother’s name, as is clear from the hadith of the Prophet ﷺ that the adulterer has no connection with this child.
The status of the new Muslim husband:
◄ If this woman marries a Muslim man, then her daughter will be his stepdaughter (rabibah), not his biological daughter.
◄ In documents, if there is a guardian field, the woman may have her new husband recorded as the guardian, but recording him as the father is neither legally nor according to the Shariah correct.
Summary:
◄ A child born from zina will be attributed to the mother, and attribution to the adulterer is in no case permissible.
◄ For the new Muslim husband, that daughter will be a stepdaughter (rabibah).
◄ In documents, the new husband’s name may be entered as guardian, but not as father.
