Question
A man shar'an is not responsible for a child born out of wedlock. Can the mother use legal avenues to force him to support the child. Would this be considered zhulm?
Answer:
ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﯿﻢ
In the name of Allah, the Most Gracious, the Most Merciful
According to Islamic Law, an illegitimate child will not be attributed to the biological father, hence he would be absolved of any financial responsibility for the child.1 Having said that, it would be strictly prohibited for the mother to take advantage of the legal system and force him to pay child support; and it would definitely fall under the category of *zhulm *(injustice) because she is wrongfully taking that which herself or the child are not entitled to. Nevertheless, if the biological father decides to voluntarily support the child, then the mother may accept the money on her child’s behalf.
Only Allah knows best
Written by Maulana Mohammad Ahsan Osmani Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
1 Kitabul Nafaqaat Aur Islami Mamalik men Raijul Waqt Qawanin: p, 138-139 (Zam Zam)