Q: A man committed Zina (adultery) with a woman and she got pregnant. The Hadd (prescribed penalty) has not been carried out because the rulings of Islamic Shari`ah are not applied in our country. The woman gave birth to a son, then the man and woman married and had other children. The first son grew up and helped the father with his work till they made a large fortune. The man acknowledges that he is his son. When the father died, the first son was deprived of inheritance. When he asked about the reason, he was told that an illegitimate son does not inherit from his parents. Is this correct? What was the child's fault? His parents committed a sin and the Hadd (prescribed penalty) was not carried out? Allah (Exalted be He) says:
...and no bearer of burdens shall bear the burden of another.
Thank you very much.
The illegitimate son is ascribed to his mother. He inherits her and she inherits him but he does not inherit the person who committed adultery with his mother. If any dispute arises, it should be referred to the competent court. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.