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Fatwa CenterHer husband has an illegitimate son
Question
AOA, I have been looking for an answer for a long time to this question so I hope you can help me. I have been married to my husband for abt a yr and a half. I few mnths after we got married, I found out that my husband has an illegitimate son. B/c a woman was claiming child support. My husband then told me that he lived with this woman for about 10 days thinking he mught marry her. he says he never touched her and beleievs she might have drugged him to sleep with him. I am very shocked, although it has been a few mnths since this happened, I have lost a great deal of trust in my husband. We now have a daughter and Im worried what if this other woman wants my husband to take custody of this child? am i obliged to take care of him? is he non mahram for my daughter? what should i do to gain trust back in my husband? pls help me.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
This child is not related to your husband, and if that woman had that child from your husband through an illegitimate relationship, then the child is illegitimate and cannot be traced back to your husband. Besides, the child is not a Mahram to the daughters of your husband, and your husband is not required to provide for him or to have custody of him, etc. This child is to be traced back to his mother, who is also required to provide for him. For more information, refer to Fatwa 117362.
Moreover, custody of this is the right of his mother unless there is an impediment in her. In this case, the child’s custody is to be transferred to another woman who is the most deserving of custody after her such as her mother.
In principle, a Muslim is free from sin, so if your husband claims that he did not approach that woman in the first place, you should believe him until the opposite is proven. Even if it is proven that he fornicated with her, then you should mind his present not his past situation. If he repents and takes a righteous course, then his past should not harm you. Thus, there is no need to lose confidence in him merely due to a previous matter. So, resume your life with him, concentrate on rectifying him, and be keen on making your home a place that maintains faith.
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