Children born out of wedlock inherit in Islam

One of the most universally accepted rulings among scholars and imams of knowledge and piety—since the early generations following the Noble Prophet Muhammad (SAW)—is the sinless nature of a child born out of wedlock, commonly referred to as waladu-zzina.

What sin has an innocent child committed to warrant the wrath of Allah or bear the consequences of their parents' actions? No infant asks to be born, nor do they choose the circumstances of their birth.

Even the parents who engaged in the act of zina (fornication or adultery), which led to the birth of the child, have the opportunity to seek forgiveness from Allah. The doors of His mercy remain open for all who repent sincerely.

If Allah’s boundless mercy can forgive a person who has sinned all their life and embraces Islam only at the end of their journey, why would that same mercy not extend to two individuals who seek His forgiveness for a single sin?

I write this article to challenge misconceptions about the forgiving nature of Allah. Unfortunately, due to the misinterpretation and misapplication of Islamic teachings by some Muslim leaders, Islam is often perceived as a harsh and unforgiving religion. This is far from the truth. Allah is Most Forgiving, Most Compassionate, and Most Merciful.

Some Muslim leaders rigidly adhere to conservative interpretations of the Qur'an and the traditions of the Prophet (SAW) without considering the vast wisdom embedded in these sacred texts. This has led to rulings that contradict the core principles of justice and mercy in Islam.

Legal and social implications

Some aspects of Islamic law are being ridiculed in both local and international legal systems, especially in societies where Muslims are a minority. A notable example is a case in Ghana’s Supreme Court in 2011, where a ruling by a council of Ghanaian Muslim scholars on an inheritance dispute was overturned due to perceived injustice and lack of fairness.

This controversy stems from a widely held belief among many Muslim scholars that a child born out of wedlock cannot inherit from their father, even if the father acknowledges and takes responsibility for the child. However, such a child is allowed to inherit from the mother and maternal relatives.

This raises a serious question:

Why should the father’s sin deprive him of the right to recognize his own child?

Does Islam assign greater blame to the father in an act of fornication or adultery than to the mother? If both parties committed the same act, why should the child inherit from the mother’s side but not from the father?

Rethinking traditional interpretations

The traditional argument is based on the idea that Islam only recognizes children born within the framework of a valid marriage. However, Islam also acknowledges and upholds marriages conducted outside the faith. If a non-Muslim couple converts to Islam, their previous marriage remains valid, without requiring a new nikah.

A further contradiction arises when we consider the case of a married woman who commits adultery. If she gives birth to a child as a result of the affair, Islamic law deems the child legitimate and allows them to inherit from the husband—even when the biological father is someone else. Why, then, is a child born out of wedlock denied inheritance from a father who openly claims them?

Having studied the rulings of the Four Great Imams—Imam Malik, Imam Abu Hanifa, Imam Shafi’i, and Imam Ahmad ibn Hanbal—I acknowledge their immense contributions to Islamic jurisprudence. However, I find the arguments of some 21st-century scholars more aligned with the principles of justice, fairness, and divine mercy.

Every verse of the Qur'an has a context and a reason for its revelation, and the same applies to the traditions of the Prophet Muhammad (SAW). The hadith often cited to deny inheritance rights to children born out of wedlock is open to interpretation and requires deeper scrutiny.

Admonishment and glad-tiding

“Those who invoke no other deity along with Allah, nor take any life - which Allah has forbidden - save justly; who do not commit unlawful sexual intercourse84 - and whoso does that shall meet its penalty; His torment shall be doubled for him on the Day of Resurrection, and he will abide in it in ignominy. Unless he repents and believes and does righteous works. For such, Allah will change their evil deeds into good deeds. Allah is Ever Forgiving, Most Compassionate. Quran 25:68-70. 

Call for justice and compassion

Based on my research and understanding, I conclude that a child born out of wedlock has every right to inherit from their father, as long as the father acknowledges and publicly takes responsibility for the child. This position is not only supported by common sense but also aligns with the Islamic principles of forgiveness, compassion, and justice.

The author is Alhaji Khuzaima Mohammed Osman, an eminent Member and Chairman, Finance and Fundraising Committee, Greater Accra Regional Peace Council, (National Peace Council of Ghana). He is also the Executive Secretary, Tijjaniya Muslims of Ghana.