#1190: Ruling on the Inheritance of the Children born before Proper Nikkah

Assalamu Alaykum wa Rahmatullah.

Question:

The father has died and his properties was shared between the wife and children… and they shared the property in money like they take a price of an object and shared it… some other items where sould and the money in his account too was shared.. And when the mom was in her iddah they use the money for feeding.

But those children where all born before a proper nikkah was done…

Since illegitimate children can’t inherit their father how do we go about the property we have used in ignorance???

And other things like bed, chair , and household things can the wife and children use them?

ANSWER:

Know, may Allāh illumine my heart and yours that Inheritance is one of the matters about which the Sharī’ah was explicit and clear. There is no space left for doubts and misunderstandings in it’s regards.

First, it’s important to know that before the wealth of the deceased is shared between it’s rightful inheritors, it’s debts and promised wills must be fulfilled and paid off the wealth.

Second, it is important to know that the persons who were mentioned in the Qur’ān and who were assigned apportionments are known as As’hābu Al-Furūd and their shares vary between a half, a Quarter, an Eight, two-thirds, a third, and a sixth.

Third, the ‘As’hābu Al-Furūd are divided into the Relatives by blood such as the father, the mother, the grandfather, the grandmother, daughters, granddaughters from a son, sister from both parents, sister from the father, brother from the mother, sister from the mother…there are 10 in this category.

And the Relatives by Marriage and they are just two: husband and the wife.

Fourth: Every person mentioned among the ‘As’hābu Al-Furūd are entitled to inheritance in accordance with the property available and provided they are not screened by a preferred person in the line of inheritance such as a father screening the grandfather and the likes.

Fifth: The Ulamā are consensed that there is no inheritance for the Child born of Zina. And we have preceded in our Telegram Channel on this matter https://t.me/INQAArchive/1310

Where we explained the position of the Fuqahā with respect to attributing the children that were born before marriage between a husband and a wife to the parents provided they later got married.

We established that the position of the Majority of the Fuqahā is that such children may only be attributed to their mothers and not to their fathers even if the both Parents were later married.

And that of the Fuqahā – such as Hasan Al-Basrī, Is’hāq bn Rāhawayh, Abū Hanīfah rahimahullāh and others of the later generations such as Ibn Taymiyyah – were those that held that such children may be attributed to the parents and thus may inherit insofar as as they were later married.

What we advise you to do in this situation is to reach an agreement among yourselves to let it go.

A

nd Allāh knows best.

Bārakallāhu Fīkum

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