Who Is The Guardian Of An Illegitimate
Daughter When It Comes To Her Getting Married?
Islamic Rulings - Living Shariah Verdicts
Islamic Questions & Answers
A muslim man and woman had an affair and had an
illegitamate child from that affair. The married woman
took the child into her house and remained married to
her husband. It was decided that the biological father
would provide for his daughter and that she would live
in the house of her mother and her mothers husband.
The biological father became a very religious man and
it is almost 20 years after this incident. She now
lives in a house with her mother, her mother's husband
and her older half-brother and half-sister.
Who is the wali of this girl? The biological father
who provided for her for 20 years, the step-father, or
her older half-brother who also lives with them?.
Praise be to Allaah.
The scholars (may Allah have mercy on them) differed
concerning the illegitimate child. Is he to be
attributed to his zaani father or not? There are two
opinions, which have been discussed in the answers to
questions no. 33591 and 85043. The more correct view
is that he should be attributed only to his mother and
that he should not be attributed to the zaani.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him)
said in Fataawa Islamiyyah (3/370): "With regard to
the child who is born as a result of zina, he is the
child of his mother, not of his father, because of the
general meaning of the hadeeth in which the Prophet
(peace and blessings of Allaah be upon him) said: ‘The
child is to be attributed to the husband and the
adulterer deserves nothing' – i.e., this is not his
child. This is what the hadeeth means. If the man
marries her after repenting, then the child has been
conceived before marriage and repentance and is not
his child; he cannot inherit from the man who
committed zina even if he claims him as his child,
because he is not his legitimate child." End quote.
Once it is established that the illegitimate child is
not to be attributed to the zaani, then he has no
‘asbah [male relatives on the father's side].
It says in Asna'l-Mataalib (13/288): The illegitimate
child has no ‘asbah because he is not attributed to
the father. End quote from Tarqeem al-Shaamilah.
Some of the scholars are of the view that his ‘asbah
with regard to inheritance is his mother, or his
mother's ‘asbah [male relatives on her father's side].
With regard to guardianship for marriage and other
matters, he has no ‘asbah.
It says in al-Iqnaa‘ (4/505): The ‘asbah of the
illegitimate child is the ‘asbah of his mother with
regard to inheritance only. … But they have no
guardianship authority with regard to marriage or
other matters. End quote.
Based on that, this girl does not have any guardian on
the basis of blood ties, so her guardian is the Muslim
ruler, because the Prophet (blessings and peace of
Allah be upon him) said: "The ruler is the guardian of
the one who has no guardian." Narrated by Abu Dawood
(2083) and al-Tirmidhi (1102); classed as saheeh by
al-Albaani in Saheeh Abi Dawood.
If you are in a country where there is no Muslim
ruler, then her guardian is the director of the
Islamic Centre in her country; if there is no such
person then it is the imam of the mosque.
For more information please see the answer to question
And Allah knows best.
She received a marriage proposal
from someone who is infertile and her family rejected
I received a marriage proposal from a man who
is infertile, and the doctor told him that he needs an
operation. For this reason my family rejected him.
What is the Islamic view on that? Please note that he
is 13 years older than me and he is of good character
and religiously committed.
Praise be to Allaah.
Infertility is one of the faults that affect marriage
according to the more correct of the two scholarly
opinions. This has been discussed previously in the
answer to question number 121828.
The suitor has to disclose it, and the woman to whom
he proposes has the right to accept him or reject him.
If she accepts him with this fault, she does not have
the right to request an annulment later on because of
not having children. If she does not know about the
fault and then finds out about it after marriage, she
has the right to ask for an annulment if she does not
accept the fault.
Ibn Qudaamah (may Allaah have mercy on him) said: One
of the conditions of having the option to annul the
marriage because of these faults is that one should
not have had knowledge of them at the time of the
marriage contract and should not have accepted them
afterwards; if the person knew of them at the time of
the contract or came to know of them afterwards and
accepted them, then he or she does not have the option
of annulling the marriage contract, and we do not know
of any scholarly difference of opinion concerning
that. End quote from al-Mughni, 7/142.
Having children is a blessing and is one of the aims
of marriage, so a woman should not marry a man who is
sterile or infertile unless she knows that it is
possible for him to be treated and recover.
If your family are rejecting the suitor, then they are
excused for that. Undoubtedly they are seeking your
best interests and striving for your happiness.
If you think that this suitor is appropriate for you,
because of his good character and religious commitment
and because it is possible to treat his infertility,
then you have no choice but to convince your family to
accept him. If you manage to do that than praise be to
Allaah; but if they insist on their opinion, then they
are excused as stated above, and perhaps Allaah will
send you someone who is better than this suitor.
It is well-known that marriage is not valid without a
wali or guardian, because the Prophet (blessings and
peace of Allaah be upon him) said: "There is no
marriage without a guardian." Narrated by Abu Dawood
(2085), al-Tirmidhi (1101) and Ibn Maajah (1881) from
the hadeeth of Abu Moosa al-Asha'ri; classed as saheeh
by al-Albaani in Saheeh al-Tirmidhi.
And he (blessings and peace of Allaah be upon him)
said: "Any woman who gets married without the
permission of her guardian, her marriage is invalid,
her marriage is invalid, her marriage is invalid."
Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi
(1102); classed as saheeh by al-Albaani in Saheeh al-Jaami,
We ask Allaah to guide and help you.
And Allaah knows best.