Permissibility of attributing the illegitimate child to the father
It has been proven that someone called Sayyah raped a woman called `Abdah who became pregnant and gave birth to a boy called Sa`d. Someone called Salih wished to adopt the boy and the mother agreed. The judge of
gave his consent. His Excellency, the Judge of
said that the boy's second name should be `Abdullah.
We wish you would issue a Fatwa (legal opinion issued by a qualified Muslim scholar) in this regard to be a general rule adopted in similar cases.
Since this boy is an illegitimate child, he cannot be attributed to the fornicator, for the Prophet (peace be upon him) said,
"The boy is attributed to the bed (on whose bed he is born), and for a fornicator there is stoning."
(Related by Ahl-ul-Sunan (authors of Hadith compilations classified by jurisprudential themes) and others)
(Part No. 16; Page No. 16) It is also not permissible to attribute the son to the foster parent, so as to avoid mixing the lineage with his foster brothers. The son is to take his mother's tribal name, for he is attributed to his mother as mentioned in the previous Hadith. Using the name `Abdullah as the son's father is permissible. The Prophet (peace be upon him) said,
"The names that are dearest to Allah are `Abdullah and `Abdul-Rahman."
(Related by Muslim
on the authority of
`Abdullah ibn `Umar ibn Al-Khattab, may Allah be pleased with them both). May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.