🌍 Children, inheritance & global · #65
Does a child born outside marriage inherit from the mother, and the mother from the child?
Yes. A child born outside marriage is attributed to the mother, so they inherit from each other and the child also inherits from relatives on the mother's side; the child does not inherit from the man who fathered them.
The Prophet ﷺ ruled that the child belongs to the owner of the bed and the fornicator has no right (Sahih al-Bukhari 6749); so the lineage tie to the biological father is cut, but the tie to the mother remains. Act 303 s.80 and s.85 deal with the maintenance and custody of such a child, which rest with the mother. The child bears no sin of the parents (al-Anʿam 6:164) and is entitled to be treated with full dignity. The biological father may still make a lifetime gift or a bequest of up to one third to the child. See the question on children born outside marriage.
The Prophet ﷺ ruled that the child belongs to the owner of the bed and the fornicator has no right (Sahih al-Bukhari 6749); so the lineage tie to the biological father is cut, but the tie to the mother remains. Act 303 s.80 and s.85 deal with the maintenance and custody of such a child, which rest with the mother. The child bears no sin of the parents (al-Anʿam 6:164) and is entitled to be treated with full dignity. The biological father may still make a lifetime gift or a bequest of up to one third to the child. See the question on children born outside marriage.