Rights of Children Out of Marriage in Islam
Rights of Children Out of Marriage in Islam
Pregnancy out of wedlock and child rights issues outside of marriage in Islam, in this case there are several incidents which each have different laws, along with a full explanation to understand what are the Rights of Children Outside of Marriage in Islam.
1. First Event
If a woman commits adultery and does not understand the retribution of adultery in Islam then becomes pregnant, then a child out of wedlock who is born is a child outside of adultery with the agreement of the scholars. A child out of wedlock is denied to his mother and is not kept against a man who abuses his mother (his adultery father). Strictly speaking, the relationship of rights between a child out of wedlock and his father is cut off.
Likewise with the law of inheritance broken with his father in accordance with the method of inheritance in Islam, he only inherited his mother and his mother inherited it. Likewise the right of guardianship if a child out of wedlock is disconnected from her father. The guardian of the marriage is the sultan (ruler) or his representative like qadhi (the head). And it is not mandatory for his father to provide a child out of wedlock born from the results of adultery.
However, the relationship as mahram and communication to achieve wisdom in the relationship in Islam still exists uninterrupted even though the relationship of rights, inheritance, inheritance, livelihood is cut off. Because, after all, a child out of wedlock is a child out of wedlock, which is created from the semen even from the results of adultery. Therefore it is unlawful for him to marry a child outside of his wife's marriage from the result of adultery as unlawful as a child out of wedlock whose woman was born from a legitimate marriage.
2. Second Event
If there is an oath of li'aan between husband and wife for example when the divorce law is unregistered. As explained (ie about how a child out of wedlock is male or female and similar to his parents in the womb,), then a child out of wedlock is denied to his mother. Likewise about inheritance law and livelihood and inheritance rights.
3. Third event
If a wife commits adultery which is a characteristic of a woman who is difficult to enter heaven. If an adulterous wife is well known to her husband or not then she is pregnant, then a child out of wedlock who was born was prevented from her husband, not to men who menzinai and impregnate her with the agreement of the scholars based on the words of the noble Prophet
A child out of wedlock is the right (male) who has a bed and for those who commit adultery do not have any rights (for a child out of wedlock). [Saheeh hadiths from Bukhari (no. 6749) and Muslim (4/171).
The purpose of the words of the Prophet sallallaahu ‘alaihi wa sallam above is that a child out of wedlock belongs to a legitimate husband even though it is born from the proceeds of adultery of his wife with another (male) person. Still, a child out of wedlock belongs to him and is prevented from him. Whereas for men who insult their wives they do not have any rights to a child out of wedlock.
The above events outside Li'aan's law and the difference are: if the husband's li'aan law accuses his wife of adultery or denying a child out of wedlock that his wife conceived before the judge so that it is carried out outside of the oath of li'aan. In the case of this li'aan, a child out of wedlock is denied to his wife both the accusation of the husband is true or false. Whereas in the case above, there is no li'aan oath, even though the husband knows that his wife has committed adultery with another man. This is because the husband did not report his accusations to the judge so that he could not be carried out outside of the oath of li'aan. [8]
4. Fourth event
If a woman commits adultery and then becomes pregnant, may she be married to a man who impregnates her and to whom a child is kept out of wedlock? He replied: May he be married to a man who insulted him and impregnated him with an agreement (ijma) by fatwa experts, as confirmed by Imam Ibn 'Abdil Bar quoted by al Hafizh Ibn Hajar in his book Fat hul Baari (juz 9 p. 157 in the book section marriage chapter: 24, hadith: 5105) [9].
The Story of the Rights of Children Outside Marriage in the Period of the Prophet
1. First: Fatwa of Abu Bakr Ash Shidiq
Ibn Umar said: When Abu Bakr Ash Siddiq was in the mosque a man suddenly arrived, then Abu Bakr said to Umar, "Stand up and pay attention to his affairs because in fact he has an (important) affair." Then Umar stood up to him, then the man explained his business to Umar, "Actually I was a guest, then he committed adultery with a child outside of my daughter's marriage !?" Then Umar hit the man's chest and said, "May Allah make you worse! Don't you just close (the secret of adultery) to a child outside the woman's marriage! "
Then Abu Bakr ordered that a marriage be carried out so that the law would be carried out (beaten a hundred times) against both (male and female adultery). Then he married the two then he ordered that they be exiled for one year. [Narrated by Imam Ibn Hazm in his book Al Muhalla juz 9 p. 476 and Imam Baihaqiy in his book Sunanul Kubra (juz 8 p. 223) from the path of Ibn Umar]. [10]
2. Second: Fatwa of Umar bin Khattab
Abu Bakr's fatwa at the same time became the fatwa of Umar and even the fatwas of the Companions. This was due to the fact that the fatwa and Abu Bakr's decision occurred in the presence of the Companions or known by them, especially ‘Umar. And all the silent Friends agreed and none of them denied the fatwa. All of this shows that there has been an ijma among the Sahaba that women who commit adultery and then become pregnant may even have to marry a man who insulted her and impregnated her. Therefore we see the Companions acting as above, among them Umar bin Khattab when he became caliph as the history below:
Abu Yazid al Makkiy said, "That there is a man married to a woman. And the woman has a child out of wedlock a girl who is not (a child out of wedlock) from a man (who has just married her) and that man also has a child out of wedlock who is not (a child out of wedlock ) from these women, (ie each of them brought a child out of wedlock, a man who brought a child out of wedlock to a man and woman carrying a child out of wedlock).
Then the young man and a child out of wedlock the girl commits adultery so that she appears to the girl's pregnancy. So when Umar came to Mecca, the incident was presented to him. Then Umar asked both of them and both of them acknowledged (had committed adultery). Then Umar ordered to whack both of them (carried out law had). Umar was eager to gather between the two (in one marriage) but a young child out of wedlock did not want to. "[Issued by Imam Baihaqiy (7/155) with authentic sanad].
3. Third: Fatwa of Abdullah bin Masud:
From Hammaam bin Harits bin Qais bin Amr An Nakha'i Al Kufiy: "A man who committed adultery with a woman then the man wanted to marry the woman?" Ibn Mas'ud replied, "Why is that not so." [Issued by Imam Baihaqiy (7/156) in mu'allaq with authentic sanad on Muslim terms]
From ‘Alqamah bin Qais (he said): Indeed a man has come to Ibn Mas'ud. Then the man asked, "A man commits adultery with a woman then both repent and do good deeds, is it permissible for the man to marry the woman?" Then Ibn Masud read this verse:
Then really your Rabb to those who do evil with ignorance, then after that they repent and they do good, in fact your Rabb after that is Forgiving (and) Most Merciful. [An Nahl: 119]
Said Alqamah bin Qais, "Then Ibn Mas'ud repeated the verse many times until the person asking was convinced that Ibn Mas'ud had given relief in this matter (ie he allowed it)." Issued by Imam Baihaqiy (7/156) . Then Imam Baihaqiy (7/156) also narrated from another road which is similar to the history above, but in this history Ibn Mas'ud reads the verse: [14]
And He is (Allah) who accepts repentance from the servants of His servants and forgives of mistakes (theirs) and He knows what you do. [Ash Shuura: 25]. [15] In some of these narrations there are additions: After Ibn Masud read the verse above he said, "Let him marry her!"
4. Fourth: Ibn Umar's fatwa
Ibn Umar was once asked about a man who committed adultery with a woman, could he marry him? Ibn Umar replied, "If both repent and both do good (ie do good deeds)". [Issued by Imam Ibn Hazm at Al Muhalla juz 9 p. 475].
Thus, what the author can say, hopefully to be a useful Islamic insight, see you in the next article, thank you.
Pregnancy out of wedlock and child rights issues outside of marriage in Islam, in this case there are several incidents which each have different laws, along with a full explanation to understand what are the Rights of Children Outside of Marriage in Islam.
1. First Event
If a woman commits adultery and does not understand the retribution of adultery in Islam then becomes pregnant, then a child out of wedlock who is born is a child outside of adultery with the agreement of the scholars. A child out of wedlock is denied to his mother and is not kept against a man who abuses his mother (his adultery father). Strictly speaking, the relationship of rights between a child out of wedlock and his father is cut off.
Likewise with the law of inheritance broken with his father in accordance with the method of inheritance in Islam, he only inherited his mother and his mother inherited it. Likewise the right of guardianship if a child out of wedlock is disconnected from her father. The guardian of the marriage is the sultan (ruler) or his representative like qadhi (the head). And it is not mandatory for his father to provide a child out of wedlock born from the results of adultery.
However, the relationship as mahram and communication to achieve wisdom in the relationship in Islam still exists uninterrupted even though the relationship of rights, inheritance, inheritance, livelihood is cut off. Because, after all, a child out of wedlock is a child out of wedlock, which is created from the semen even from the results of adultery. Therefore it is unlawful for him to marry a child outside of his wife's marriage from the result of adultery as unlawful as a child out of wedlock whose woman was born from a legitimate marriage.
2. Second Event
If there is an oath of li'aan between husband and wife for example when the divorce law is unregistered. As explained (ie about how a child out of wedlock is male or female and similar to his parents in the womb,), then a child out of wedlock is denied to his mother. Likewise about inheritance law and livelihood and inheritance rights.
3. Third event
If a wife commits adultery which is a characteristic of a woman who is difficult to enter heaven. If an adulterous wife is well known to her husband or not then she is pregnant, then a child out of wedlock who was born was prevented from her husband, not to men who menzinai and impregnate her with the agreement of the scholars based on the words of the noble Prophet
A child out of wedlock is the right (male) who has a bed and for those who commit adultery do not have any rights (for a child out of wedlock). [Saheeh hadiths from Bukhari (no. 6749) and Muslim (4/171).
The purpose of the words of the Prophet sallallaahu ‘alaihi wa sallam above is that a child out of wedlock belongs to a legitimate husband even though it is born from the proceeds of adultery of his wife with another (male) person. Still, a child out of wedlock belongs to him and is prevented from him. Whereas for men who insult their wives they do not have any rights to a child out of wedlock.
The above events outside Li'aan's law and the difference are: if the husband's li'aan law accuses his wife of adultery or denying a child out of wedlock that his wife conceived before the judge so that it is carried out outside of the oath of li'aan. In the case of this li'aan, a child out of wedlock is denied to his wife both the accusation of the husband is true or false. Whereas in the case above, there is no li'aan oath, even though the husband knows that his wife has committed adultery with another man. This is because the husband did not report his accusations to the judge so that he could not be carried out outside of the oath of li'aan. [8]
4. Fourth event
If a woman commits adultery and then becomes pregnant, may she be married to a man who impregnates her and to whom a child is kept out of wedlock? He replied: May he be married to a man who insulted him and impregnated him with an agreement (ijma) by fatwa experts, as confirmed by Imam Ibn 'Abdil Bar quoted by al Hafizh Ibn Hajar in his book Fat hul Baari (juz 9 p. 157 in the book section marriage chapter: 24, hadith: 5105) [9].
The Story of the Rights of Children Outside Marriage in the Period of the Prophet
1. First: Fatwa of Abu Bakr Ash Shidiq
Ibn Umar said: When Abu Bakr Ash Siddiq was in the mosque a man suddenly arrived, then Abu Bakr said to Umar, "Stand up and pay attention to his affairs because in fact he has an (important) affair." Then Umar stood up to him, then the man explained his business to Umar, "Actually I was a guest, then he committed adultery with a child outside of my daughter's marriage !?" Then Umar hit the man's chest and said, "May Allah make you worse! Don't you just close (the secret of adultery) to a child outside the woman's marriage! "
Then Abu Bakr ordered that a marriage be carried out so that the law would be carried out (beaten a hundred times) against both (male and female adultery). Then he married the two then he ordered that they be exiled for one year. [Narrated by Imam Ibn Hazm in his book Al Muhalla juz 9 p. 476 and Imam Baihaqiy in his book Sunanul Kubra (juz 8 p. 223) from the path of Ibn Umar]. [10]
2. Second: Fatwa of Umar bin Khattab
Abu Bakr's fatwa at the same time became the fatwa of Umar and even the fatwas of the Companions. This was due to the fact that the fatwa and Abu Bakr's decision occurred in the presence of the Companions or known by them, especially ‘Umar. And all the silent Friends agreed and none of them denied the fatwa. All of this shows that there has been an ijma among the Sahaba that women who commit adultery and then become pregnant may even have to marry a man who insulted her and impregnated her. Therefore we see the Companions acting as above, among them Umar bin Khattab when he became caliph as the history below:
Abu Yazid al Makkiy said, "That there is a man married to a woman. And the woman has a child out of wedlock a girl who is not (a child out of wedlock) from a man (who has just married her) and that man also has a child out of wedlock who is not (a child out of wedlock ) from these women, (ie each of them brought a child out of wedlock, a man who brought a child out of wedlock to a man and woman carrying a child out of wedlock).
Then the young man and a child out of wedlock the girl commits adultery so that she appears to the girl's pregnancy. So when Umar came to Mecca, the incident was presented to him. Then Umar asked both of them and both of them acknowledged (had committed adultery). Then Umar ordered to whack both of them (carried out law had). Umar was eager to gather between the two (in one marriage) but a young child out of wedlock did not want to. "[Issued by Imam Baihaqiy (7/155) with authentic sanad].
3. Third: Fatwa of Abdullah bin Masud:
From Hammaam bin Harits bin Qais bin Amr An Nakha'i Al Kufiy: "A man who committed adultery with a woman then the man wanted to marry the woman?" Ibn Mas'ud replied, "Why is that not so." [Issued by Imam Baihaqiy (7/156) in mu'allaq with authentic sanad on Muslim terms]
From ‘Alqamah bin Qais (he said): Indeed a man has come to Ibn Mas'ud. Then the man asked, "A man commits adultery with a woman then both repent and do good deeds, is it permissible for the man to marry the woman?" Then Ibn Masud read this verse:
Then really your Rabb to those who do evil with ignorance, then after that they repent and they do good, in fact your Rabb after that is Forgiving (and) Most Merciful. [An Nahl: 119]
Said Alqamah bin Qais, "Then Ibn Mas'ud repeated the verse many times until the person asking was convinced that Ibn Mas'ud had given relief in this matter (ie he allowed it)." Issued by Imam Baihaqiy (7/156) . Then Imam Baihaqiy (7/156) also narrated from another road which is similar to the history above, but in this history Ibn Mas'ud reads the verse: [14]
And He is (Allah) who accepts repentance from the servants of His servants and forgives of mistakes (theirs) and He knows what you do. [Ash Shuura: 25]. [15] In some of these narrations there are additions: After Ibn Masud read the verse above he said, "Let him marry her!"
4. Fourth: Ibn Umar's fatwa
Ibn Umar was once asked about a man who committed adultery with a woman, could he marry him? Ibn Umar replied, "If both repent and both do good (ie do good deeds)". [Issued by Imam Ibn Hazm at Al Muhalla juz 9 p. 475].
Thus, what the author can say, hopefully to be a useful Islamic insight, see you in the next article, thank you.
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